Wis. Admin. Code PSC — Public Service Commission

Chapter PSC 1 AGENTS OF THE COMMISSION

Wis. Admin. Code § PSC 1.01 Agents named {#sec-psc-1.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 1.01}

The following persons are appointed as agents of the commission, with authority and duties as hereinafter prescribed:

Note: This list of examiners employed by the commission changes from time to time and is not printed herein.

Wis. Admin. Code § PSC 1.02 Statutory authority {#sec-psc-1.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 1.02}

Each of such agents, under the direction of the commission, and pursuant to assignment as hereinafter provided, is authorized to supervise and conduct investigations which the commission is authorized to make under the provisions of chs. 30, 31, 87, 191, 192, 194, 195, 196, 197, 198, 201 and 227, Stats., and portions of chs. 66, 88, and 182, Stats., miscellaneous other sections prescribing commission duties, and commission general orders; and to conduct hearings and the taking of testimony bearing upon any investigation or hearing undertaken or held by the commission.

History

1-2-56; correction made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547; correction made under s. 13.93 (2m) (b) 7., Stats., Register June 2002 No. 558

Wis. Admin. Code § PSC 1.03 Commission members {#sec-psc-1.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 1.03}

Each member of the commission is authorized to perform any duty which any such agent is herein authorized to perform.

Wis. Admin. Code § PSC 1.04 Supervisor of hearings {#sec-psc-1.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 1.04}

The general counsel of the commission is authorized and directed to assign to any administrative law judge employed by the commission the supervision of any particular investigation or the conduct of hearings and taking of testimony bearing upon any particular investigation or hearing made or held by the commission. Such assignments by the supervisor of hearings for the conduct of hearings shall constitute specific authority to the agent thus designated to conduct the particular hearing and the taking of testimony in the matter or proceeding to which such designation pertains. The secretary to the commission is authorized, in the absence of the supervisor of hearings, to perform the latter’s duties.

History

1-2-56; CR 00-187: am. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 1.05 Duties of agents {#sec-psc-1.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 1.05}

It shall be the duty of each of such agents to supervise and conduct any investigation, and to conduct any hearing or the taking of testimony assigned to the agent by the supervisor of hearings as above provided; to make report to the commission of all investigations, hearings, or testimony conducted or taken by the agent; and to perform such other duty, with respect to any such investigation or hearing, as may be required by such supervisor of hearings or the commission.

History

1-2-56; correction made under s. 13.93 (2m) (b) 5., Stats., Register, September, 1997, No. 501.

Chapter PSC 2 PROCEDURE AND PRACTICE

Subchapter I General

Wis. Admin. Code § PSC 2.01 Applicability {#sec-psc-2.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.01}

This chapter establishes the rules of practice and procedure in commission investigations, proceedings and other dockets. Portions of this chapter also apply generally to matters such as filing, computation of time and other administrative matters whether or not in dockets. Where a statute or rule prescribes a different process for certain kinds of matters, that process shall apply wherever this chapter is inconsistent with that process. Unless otherwise provided by statute, all of the provisions of ch. 227, Stats. apply to commission dockets.

Note: Examples of particular processes for certain kinds of matters are the customer complaint rules contained in chapters PSC 113, 134, 165, and 185.

Sections of ch. 227 which apply to commission dockets include s. 227.44(4)(a), authorizing prehearing conferences, and s. 227.45, entitled “Evidence and official notice.”

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.02 Definitions {#sec-psc-2.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.02}

In this chapter:

(1) “Administrative law judge” means a person designated to preside over a proceeding.

(2) “Application” means a written request that the commission issue or amend a certificate, license, permit or any other approval, authorization or exemption.

(3) “Chairperson” means the chairperson of the commission.

(4) “Commission” means the public service commission.

(5) “Complaint” means a complaint authorized to be filed by chs. 196 or 200, Stats.

(6) “Contested case” has the meaning given in s. 227.01 (3), Stats.

(7) “Docket” means an investigation, proceeding, or other matter opened by a vote of the commission.

(8) “Hearing” means a contested case hearing or other trial-type hearing.

(9) “Investigation” means an investigation under chs. 196, 197, 200 or 201, Stats.

(10) “Party” means a person or agency named or admitted as a party in a proceeding or a docket.

(11) “Person” has the meaning given in s. 990.01 (26), Stats.

(12) “Petition” means a written request to the commission, other than an application or complaint, to open a docket.

(13) “Proceeding” means a contested case or other docket that includes a hearing,

(14) “Public hearing” means a hearing that is not a trial-type hearing.

(15) “Working day” has the meaning given in s. 227.01 (14), Stats.

Note: These definitions are new. Terms in use in commission practice are defined, in some cases, differently. For example, the term “proceeding” has generally been used to describe any matter before the commission. Under these rules, a “proceeding” means only a quasi-judicial matter, such as a contested case.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.03 Role of commission staff {#sec-psc-2.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.03}

(1) Except as provided in sub. (2), members of commission staff appear neither in support of nor in opposition to any cause, but solely to discover and present, if necessary, information pertinent to the docket.

(2) The commission may designate staff as a party in any class 2 contested case. Where a party, staff has the same rights and obligations as the other parties.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.04 Role of administrative law judge {#sec-psc-2.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.04}

(1) Powers generally. Except as otherwise provided, the administrative law judge assigned in a docket shall perform all of the activities identified in s. 227.46 (1) (a) to (g) and (i), Stats., and shall make all of the decisions in the docket.

(2) Powers reserved to the commission. Only the commission may do the following:

(a) Decide motions for interlocutory review, under s. PSC 2.27.

(b) Decide requests to reopen dockets, under s. PSC 2.28.

(d) Informally dispose of a proceeding, in accordance with s. 227.44 (5), Stats.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.05 Computation of time and time limits {#sec-psc-2.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.05}

(1) Definition. In this section, “holiday” has the meaning given in s. 230.35 (4) (a), Stats.

(2) Computation of time. In computing any period of time, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day the commission is closed, in which case it shall be the next day the commission is open. When a period of time prescribed or allowed is less than 11 days, Saturdays, Sundays, and holidays shall be excluded in the computation.

(3) Enlargement of time.

(a) When an act is required by law or by order to be done at or within a specified time, the period of time may be enlarged, but only for good cause shown and upon just terms. Requests shall be made within a reasonable time prior to the expiration of the period in question. Requests made after the expiration of the period in question shall not be granted unless the failure to act was the result of excusable neglect.

(b) In a proceeding, a motion to enlarge the time for service or filing is governed by s. PSC 2.23 (3).

(c) Only the commission may modify a time period established by the commission, except that the chairperson of the commission may enlarge any period of time established by the commission for up to 3 working days.

(4) Service by mail. Whenever a person is authorized or required to do some act within a prescribed period after the service of any paper upon the person and the paper is served upon the person by mail, 3 days shall be added to the prescribed period.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.06 Filing and service {#sec-psc-2.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.06}

(1) Filing. A person shall file any paper authorized or required to be filed by this chapter with the records management unit of the commission between the hours of 7:45 a.m. and 4:00 p.m. on a working day. Papers are not considered filed until they are date and time stamped by the records management unit. Persons may file in person or by mail. In addition, persons may file submissions of no greater than 25 pages by facsimile.

(2) Copies. Unless otherwise permitted, a person shall file the original and 20 copies of all papers filed with the commission, except that the records management unit will duplicate, at the expense of the filer, any paper filed by facsimile.

(3) Service.

(a)

In a proceeding, parties shall serve upon all other parties, a copy of any paper filed with the commission. In dockets where the commission has ordered or requested written comments, persons filing comments shall serve copies upon the person who filed the request to open the docket.
The filing of any paper required to be served constitutes a certification by the person making the filing that a copy of such paper has been served.

(b) Service shall be made by delivering or mailing a copy. Delivery means handing it to the person; transmitting a copy of the paper by facsimile machine to the person’s office; or leaving it at the person’s office with a clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place at the office; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing at that location. Service by mail is complete upon mailing. Service by facsimile is complete upon transmission.

(c) A person may not serve submissions of greater than 25 pages by facsimile. A person shall serve a paper copy of any paper served or filed by facsimile within 2 days of transmission.

(4) Improper service or filing. The commission or the administrative law judge may choose not to consider any paper not properly served or filed.

(5) Electronic service or filing. The commission may authorize and establish procedures for electronic filing. Parties may stipulate to accept service of any document electronically, in lieu of service by another method approved in this section. Electronic service is complete upon transmission.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.07 Requests to open dockets {#sec-psc-2.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.07}

(1) How requested. The commission may open a docket at the written request of any person or on its own motion. A request to open a docket shall be in the form of an application or a complaint, whichever is specified in the statutes or rules for a particular matter, or, where neither an application nor a complaint is specified, in the form of a petition.

(2) Request requirements. A request to open a docket shall contain all of the following:

(a) A statement of the issues presented.

(b) A statement of the facts necessary to an understanding of the issues.

(c) A statement of the reasons why the commission should open the docket, and the remedy which the person is seeking in the docket.

(3) Service requirement. If a request to open a docket alleges a violation by any named person of any statute, rule, or order enforced by the commission, the person filing the request shall serve a copy of the request upon the person named, in the manner provided in s. 801.11, Stats., for service of a summons.

(4) Responses. Any person may file a response to the request within 20 days of the date of service of the request. A person filing a response shall serve the response upon the person making the request.

(5) Determinations. Within 60 days from the date of receipt of a request to open a docket, a petition for rules, or a petition for a declaratory ruling, the commission shall either deny the request or petition, or open a docket. If the request or petition is denied, the commission shall promptly notify the person making the request or filing the petition of its decision, including a brief statement of the reasons for its decision.

Note: The terms “complaint” and “application” are used in the statutes and other chapters of the administrative code. A person is expected to file a “petition” whenever neither a complaint nor an application is mentioned in the statute or rule authorizing the docket.

It is not necessary to file a request to open a docket in order to seek information or assistance from the staff or in order to bring any matter to the commission’s attention. As provided in s. PSC 2.07, a person may request or the commission on its own motion may open an investigation, a proceeding, or another docket. The commission may decide to open a docket based upon information acquired from informal contacts with the commission.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.08 Informal complaints {#sec-psc-2.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.08}

(1) Informal complaints may be made in writing addressed to the commission. Letters may be considered as informal complaints. Matters presented in this manner are handled by correspondence or other informal investigation or by a formal investigation instituted by the commission upon its own motion.

(2) Complaints with respect to public utility rates, practices, or service made by less than 25 persons (see s. 196.26, Stats.) will be treated as informal complaints. The commission may open a docket in these matters upon its own motion.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.09 Notices {#sec-psc-2.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.09}

(1) How issued. A docket is opened when the commission issues a notice of investigation, a notice of proceeding, or such other notice sufficient to identify the basis and nature of the docket. A notice is issued when the secretary of the commission signs it.

(2) Proceedings.

(a) A notice of proceeding shall state all of the following:

Whether the proceeding is being initiated on the commission’s own motion or upon request.
The purpose of the proceeding.
The legal basis for the proceeding.
The names of the parties.
Whether the proceeding is a contested case and, if so, what class of contested case or, if the proceeding is not a contested case, what procedures will govern the proceeding.

(b) A notice of proceeding may contain any of the following:

A statement of the issues for decision.
A date for a prehearing conference or hearing.
A notice of assessment pursuant to s. PSC 5.09.
Any other information pertinent to the proceeding.

(d) If a notice of proceeding schedules a contested case hearing, the notice shall comply with ss. 227.44 (1) and (2), Stats.

(3) Investigations.

(a) A notice of investigation shall state the matter to be investigated and the legal basis for the investigation.

(b) A notice of investigation may contain any of the following:

An order or request for comments.
An order for a public hearing.
A notice of assessment pursuant to s. PSC 5.09.
Any other information pertinent to the investigation.

(4) Other dockets. In dockets other than proceedings or investigations, the commission’s notice may include any information pertinent to the docket.

Note: Commission dockets are usually either proceedings or investigations. Rules provide for an “other dockets” category to cover the possibility that a matter will not properly constitute either a proceeding or investigation.

The issuance of a notice initiates a docket. In a proceeding, a notice of proceeding will contain the name or names of the parties. Usually, there will be only one party named in the notice, the person who requested the commission to conduct the proceeding. Other persons desiring to become parties will file requests to intervene, pursuant to s. PSC 2.21.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.10 Application for rate increase; notice to customers {#sec-psc-2.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.10}

(1) Notice of application for rate increase.

(a) When a public utility applies for a general revision of rates, which, if authorized, would result in a rate increase, the public utility shall inform each affected customer of the filing of the application and the general nature and effect of the filing.

(b) The public utility shall provide the notice under par. (a) by means of a bill insert over one complete billing cycle, using its standard bill insert and mailing procedures, containing the following information: the amount of the request, the reasons for the request, the dates of any hearings or prehearing conferences already established in the docket and how the customer can contact the commission to learn of any scheduling changes or additions, and the effect on the average customer if the request were to be granted.

(c) If customer bills are not issued monthly, the utility shall furnish the information to customers by a special mailing or by means of a display advertisement in a newspaper having general circulation in the utility’s service area.

(2) Municipality exception.

(a) Notwithstanding sub. (1) (b), a municipal utility serving fewer than 1,000 customers may elect to post notice of the information in sub. (1) (a), if the notice is posted in at least 3 public places at locations and in a manner likely to give notice to customers affected.

(3) Proof of notice. The utility shall file proof of compliance with this section no later than 3 days prior to the first hearing in the proceeding.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.11 Abandonment or discontinuance of service {#sec-psc-2.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.11}

No public utility may abandon facilities or discontinue service without commission authorization made after a public hearing. The commission need not hold a public hearing if the application is accompanied by all of the following:

(1) A map indicating the location of the facilities to be abandoned or the facilities from which service is to be discontinued, as well as the location of all actual or potential customers affected by the proposed action.

(2) A statement that all actual or potential consumers have either consented to or waived objection to abandonment or discontinuance.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.12 Confidential handling {#sec-psc-2.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.12}

(1) Applicability.

(a) In this section, “record” has the meaning given in s. 19.32 (2), Stats.

(b) This section applies to requests for confidential handling of records filed with the commission.

(2) Responsibility for establishing confidentiality. The burden of establishing the need for confidential handling of any record shall be on the person making the request.

(3) Request.

(a) A person may request confidential handling of any record on one of the following grounds:

The record contains trade secrets, as defined in s. 134.90 (1) (c), Stats.
The record contains information, which would aid a competitor of a public utility in competition with the public utility making the request, as provided under s. 196.14, Stats.
The record is an accident report under s. 196.72, Stats.
The record is protected business information, under s. 196.795 (9), Stats.
The record may otherwise be exempt from disclosure under the Public Records Law, ss. 19.31 to 19.39, Stats.

(b) A person requesting confidential handling of a record shall submit the record, along with an affidavit containing all of the following:

The name and address of the person making the request.
The name and position of the individual filing the request on the person’s behalf.
An accurate and complete summary of the contents of the record.
How the record satisfies one of the criteria specified in par. (a).

(4) Partial confidentiality. If only portions of a record are eligible for confidential handling, a person requesting confidential treatment shall submit an unredacted copy of that portion and a redacted copy of the record, omitting the confidential information.

(5) Determination.

(a) The commission shall grant or deny a request no later than 30 days after the request is filed. The commission may request additional information in support of the request during that time.

(b) The commission shall grant a request if the commission determines that there is a reasonable basis to conclude that the record, or portion of a record, is exempt from disclosure under one of the grounds listed in sub. (3) (a).

(c) A determination to confidentially handle a record under this section is not a determination that the record is exempt from disclosure under the Public Records Law. A determination under this section has only the effect of identifying the record as possibly exempt, in order that the record may be confidentially handled within the commission.

(d) The commission shall make its determination in writing and post on its Internet website a list of all determinations made under this section and may provide any other notice it considers to be appropriate.

(6) Interim confidential status. A record submitted with a request for confidential handling will be confidentially handled during the period the commission is considering the request and, if the commission denies the request, until 14 days after the issuance of the determination. The commission may not take regulatory action based on the record in a docket during the time it is considering a request under this subsection. If the commission grants confidential status to the record, it shall, prior to taking regulatory action based on the record in a docket, permit a party to that docket to review the record and, prior to the review, may order any protective measures necessary to protect the trade secrets of parties and other information entitled to confidentiality protection.

(7) Proceedings.

(a) This subsection applies to requests to confidentially handle a record submitted in the course of a proceeding, including, but not limited to, a response to a staff data request, pre-filed testimony and evidence offered or identified during a hearing.

(b) In a proceeding, parties shall make their requests in the form of a motion.

The person making the request may offer the information called for in sub. (3) through testimony, rather than by affidavit.
The administrative law judge may hear the request in camera.
The administrative law judge may make a determination on the record, rather than in writing.
The administrative law judge shall make a determination as soon as practicable, but in no event later than 30 days after the making of the request.

(d) In a proceeding the commission shall, and during the hearing in a proceeding the administrative law judge shall, permit a party or its representative to review the record and participate in any in camera proceedings, and may order any protective measures necessary to protect the trade secrets of parties and any information entitled to confidentiality protection.

Note: A person may request at any time that a record submitted under this section be disclosed under the Public Records Law, whether or not the person has participated in any of the determinations, or agreed to any of the protective measures, under this section.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Subchapter II Proceedings and Dockets

Wis. Admin. Code § PSC 2.20 Parties {#sec-psc-2.20 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.20}

(1) Who are parties. The following are parties to proceedings or dockets:

(a) In a proceeding, a person filing an application is an applicant.

(b) In a proceeding, a person filing a complaint is a complainant.

(d) In a proceeding, a person named as provided in s. PSC 2.07 (3) is a respondent.

(e) A person admitted as a party in a proceeding under s. PSC 2.21 (1) or (2) or a person admitted as a party in a docket under s. PSC 2.21 (2) is an intervener.

(f) Commission staff, if designated as provided in s. PSC 2.03 (2).

(2) Right to testify. A person may testify at a hearing without becoming a party.

(3) Non-party briefs. The commission may allow a non-party to file briefs as a friend of the commission.

(4) Intervention in dockets. A person may intervene in a docket as provided in s. PSC 2.21 (2).

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.21 Intervention {#sec-psc-2.21 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.21}

(1) Intervention by right. A person whose substantial interests may be affected by the commission’s action or inaction in a proceeding shall be admitted as an intervenor.

(2) Permissive intervention. A person not satisfying the criteria of sub. (1) may nevertheless intervene in a proceeding or docket if the person’s participation likely will promote the proper disposition of the issues to be determined in the proceeding or docket and if the person’s participation will not impede the timely completion of the proceeding or docket.

(3) Procedure. A person requesting intervention in a proceeding shall file a request no later than 60 days after the issuance of the notice of proceeding, or within a different time set by the administrative law judge at the final prehearing conference. A person requesting intervention in a docket shall file a request no later than 60 days after the opening of the docket, or within a different time set by the commission at the time it opens the docket.

(4) Intervention out of time.

(a) If a person fails to request intervention within the time prescribed in sub. (3), the person must request to intervene out of time. In acting on such a request, the commission or administrative law judge may consider all of the following:

Whether the requestor had good cause for failing to file the request within the prescribed time.
Whether any disruption of the proceeding or docket may result from permitting intervention.
If any prejudice to, or additional burdens upon, the existing parties may result from permitting the intervention.

(b) Except as otherwise ordered, a grant of an untimely request to intervene shall not be a basis for delaying or deferring any procedural schedule established prior to the grant of the request.

(c) The commission or administrative law judge may impose limitations on the participation of a late intervenor to avoid delay and prejudice to the other participants.

(d) Except as otherwise ordered, a late intervenor shall accept the record of the proceeding or docket as the record was developed prior to the late intervention.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.22 Representatives {#sec-psc-2.22 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.22}

A person desiring to participate in a docket, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address and the name and address of any party he or she represents and in what capacity he or she is employed by that party.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.23 Motions {#sec-psc-2.23 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.23}

(1) How made. A party seeking an order shall make a motion. Unless made during a hearing, a motion shall be made in writing, shall state with particularity the grounds for the motion, and shall set forth the relief requested.

(2) Responses and replies. Parties may respond to a motion no later than 10 days after service of the motion. The movant may reply to a response no later than 5 days after service of the response.

(3) Motion to enlarge time. A motion to enlarge the time for service or filing for up to 3 days may be acted upon without awaiting a response to the motion.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.24 Discovery {#sec-psc-2.24 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.24}

(1) Methods of discovery. In an investigation or proceeding, depositions of witnesses may be taken by the commission or any party as provided in s. 196.33, Stats. In a proceeding, depositions and requests for the production of documents, data, or other information may be taken or made by the commission or any party as provided under ch. 804, Stats.

(2) Discovery motions. Any motion pursuant to s. 804.12, Stats., shall include a certification that the movant has in good faith conferred or attempted to confer with the person subject to the motion in an effort to resolve their dispute without commission action.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.25 Synopsis or summary of the evidence {#sec-psc-2.25 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.25}

(1) Service. If the commission staff prepares a summary or synopsis of the evidence pursuant to s. 196.24 (3), Stats., commission staff shall serve it upon the parties to the proceeding.

(2) Response. A party who wishes to respond to a synopsis or summary of the evidence shall file a statement of additional or corrected facts no later than 10 days after service of the synopsis or summary.

(3) Argument. Neither a synopsis or summary or a response thereto shall contain argument. If a party believes that a synopsis or summary or another party’s response contains argument, the party may file a motion to strike along with its response. The commission may strike, on its own motion, any response that contains argument.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.26 Briefs {#sec-psc-2.26 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.26}

(1)

(a) Parties shall indicate on the record after the close of testimony whether they desire to file briefs. The party or parties having the affirmative shall file affirmative briefs within the time set by the administrative law judge. Other parties shall file reply briefs within the time set by the administrative law judge, which may be replied to as provided by the administrative law judge.

(b) Where a party having the affirmative does not desire to file a brief but another desires to do so, the administrative law judge shall specify the time and order for filing briefs. If the administrative law judge makes no specific designation as to the time and order for filing briefs where the party having the affirmative does not desire to file a brief, all other briefs shall be filed within 15 days after date of mailing of transcript.

(c) If not specifically covered by this rule, the time and order for filing briefs shall be fixed by the administrative law judge.

(2) Five legible, dated copies of all briefs shall be filed with the commission together with a certification showing when and upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon shall include also reference to specific pages of the record containing the evidence.

(3) The filing of briefs in less time than allowed shall not change the due dates of remaining briefs.

(4) Notwithstanding sub. (1), the commission may provide for oral argument in lieu of briefs under exigent circumstances. Nothing in this section prohibits the commission from requesting oral arguments in addition to briefs.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.27 Interlocutory review {#sec-psc-2.27 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.27}

(1) Discretionary review. The commission, on the motion of a party or on its own motion, may review any order issued by the administrative law judge and any ruling of the administrative law judge made during a hearing, if the commission finds that to do so would further the proper disposition of the proceeding.

(2) How made.

(a) A motion for review of an order must be filed no later than 10 days of the issuance of the order. Parties may respond to the motion no later than 5 days after service of the motion. A motion for review of a ruling made during a hearing shall be filed no later than the next business day after the ruling. Parties may respond to the motion no later than 2 days after service of the motion.

(b) The filing of a motion under this section does not stay the hearing or any other time period scheduled in the proceeding.

(3) Disposition. If the commission does not issue an order with respect to a motion under this subsection within 10 days after the motion is filed, the motion is considered denied.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.28 Reopening {#sec-psc-2.28 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.28}

If the commission does not decide a request made under s. 196.39, Stats., within 30 days after the filing of the request, the request shall be deemed denied.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 2.29 Copies of decisions and transcripts {#sec-psc-2.29 omnilex-key=us-wi-regs-official--agency-psc--PSC 2.29}

(1) Decisions. One copy of the decision in a proceeding will be furnished free of charge at the time of issuance to each party of record, except that when a party of record is represented by counsel, a copy of the decision will be furnished to counsel. When a municipal utility is a party of record to a proceeding, a copy of the decision will be furnished both to the management of the utility and to the appropriate official of the municipality free of charge at the time of issuance. Certified copies will be provided on request.

(2) Transcripts. Proceedings in hearings will be transcribed and one copy of the transcript will be furnished each party free of charge upon request by a party on the record at the hearing. Additional copies of transcripts will be furnished upon request, and upon payment of charges in advance.

History

CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

Chapter PSC 3 INTERVENOR COMPENSATION

Wis. Admin. Code § PSC 3.01 Definitions {#sec-psc-3.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.01}

In this chapter:

(1) “Commission” means the public service commission of Wisconsin.

(2) “Recipient” means a person whose application for intervenor compensation has been granted by the commission regardless of whether the commission has made any payment to the person.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95.

Wis. Admin. Code § PSC 3.02 Eligibility {#sec-psc-3.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.02}

(1) To be eligible for compensation under this chapter, a person who seeks compensation in order to intervene in a commission proceeding shall be all of the following:

(a) A customer of the utility which is the subject of the proceeding; or someone who may be materially affected by the outcome of the proceeding.

(b) Someone for whom intervention in the proceeding would cause significant financial hardship without compensation from the commission.

(c) Someone who represents an interest material to the proceeding which but for an award of compensation would not be adequately represented.

(d) Someone whose interest must be represented for a fair determination in the proceeding.

(e) Someone who has been granted party status and who will participate in the proceeding as a party.

(2) In determining whether an applicant for compensation meets the criteria of sub. (1) (c) and (d), the commission shall consider information presented by its own staff and by other persons who indicate they will be presenting information in the proceeding.

Note: See s. 196.31 (1) (b), Stats., about how a person can apply for intervenor compensation after participating in a commission proceeding.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95; CR 00-187: am. (1) (b) and (e) Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 3.03 Applications for compensation {#sec-psc-3.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.03}

(1) Any person may apply to the commission for intervenor compensation under this chapter. Applications for intervenor compensation relating to a particular proceeding shall be received by the commission not more than 15 days after the prehearing conference, or if there is no prehearing conference, 30 days before the hearing. The commission may extend these time limits for good cause shown or on its own motion.

(2) The application for compensation shall be on a form supplied by the commission upon request and shall contain the following information:

(a) The applicant’s name and address. For an organization, the names, addresses and titles of the members of the governing body, and a description of the organization’s general purposes, size and structure are required.

(b) The proceeding for which the compensation is requested.

(c) Specific information about the purpose of the intervention, including a discussion of the issues the applicant plans to address and how they affect the applicant’s interest in the proceeding. An explanation is required of the ideas or viewpoints the applicant believes are substantive, novel or significant, and why their presentation contributes to a full and fair determination of the issues involved in the proceeding.

(d) A statement of the amount of funds requested, including an itemized statement of the services and expenses to be covered by the requested funds.

(e) Financial status of the applicant, including:

A revenue and expense summary by program activity, including fund raising, education, research, and lobbying, for the previous and current fiscal years.
A list of current assets and liabilities, including any uncommitted funds.
The applicant’s official budget for the current fiscal year and a showing of which part of the intervenor’s budget will cover expenses related to the proceeding for which compensation has been requested. An explanation why more of the applicant’s funds cannot be devoted to the proceeding is required in order to show that participation would cause a significant financial hardship to the applicant.
The value of non-cash contributions, if any, made by the applicant to further the goals of the intervention.
For an organization with gross annual revenues of at least $30,000, a description of duties of paid and unpaid staff in relation to program activities of the organization. The commission shall adjust this dollar figure biennially by the Consumer Price Index, as defined in s. 16.004 (8) (e) 1., Stats., in 1995 or thereafter, to account for inflation or deflation. The commission shall include a statement showing the current dollar figure with its application forms.

(f) A demonstration that the applicant has the ability to represent the interests it espouses, through the expertise of its consultant, its attorney, or itself, in the matter at issue in the proceeding.

(g) A list of the other formal commission proceedings in which the applicant plans to participate in the current fiscal year, including the source of funds which will support participation in each proceeding.

(3) The applicant shall file an original and 5 copies of the application with the commission and shall serve one copy on each utility involved in the proceeding.

Note: The application for compensation [Form PSC DAS-212 (9-91)] is available from the division of administrative services at the commission.

Note: The treatment of ch. PSC 3 first applies to intervenor compensation applications the commission receives on June 1, 1995.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95.

Wis. Admin. Code § PSC 3.04 Compensable costs {#sec-psc-3.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.04}

(1) Compensation shall not exceed the actual and reasonable expenses authorized by the commission and incurred as a result of the applicant’s participation as a party in a commission proceeding.

(2) Expenses compensable under this chapter include:

(a) Attorney fees.

(b) Expert witness fees.

(d) Preparation of studies, displays, and exhibits.

(e) Travel and subsistence costs.

(f) Other costs associated with the intervention and actually incurred.

(3) Compensation paid to the staff of a group or organization shall be limited to the rate of reimbursement normally paid by the applicant for comparable staff services, and shall not exceed the rates authorized for employees of the commission. Compensation of an applicant’s contractor may be paid at prevailing market rates for the kind and quality of service. Compensation for travel, subsistence, and miscellaneous expenses shall not exceed the rates authorized for commission employees.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95; CR 00-187: am. (1) Register June 2002 No. 558, eff. 7-1-02.

Wis. Admin. Code § PSC 3.05 Processing of applications {#sec-psc-3.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.05}

(1) Within 15 days of submission, if practicable, the commission employee assigned to process the application shall submit it and other relevant material to the commission. The employee may include a recommendation as to whether, and to what extent, the applicant should be compensated.

(2) The assigned employee may request additional information necessary to process the application and may call a conference among applicants to promote and coordinate joint presentations, if similar interests exist. The commission may require cooperative efforts as a condition of compensation.

(3) The assigned employee may recommend approval of all or part of an application for compensation only if he or she finds that the applicant has met the eligibility requirements of s. PSC 3.02 and the application has met the requirements of s. PSC 3.03.

(4) The assigned employee may prepare a written recommendation that compensation should be granted in a given amount or denied. The recommendation shall be forwarded to the commission for its approval or modification. The commission shall mail its decision to the applicant and the utility which is the subject of the proceeding.

(5) Staff may approve compensation requests for $500 or less and requests to transfer funds from one accounting category to another.

(6) The commission may, on request or on its own motion, reconsider a decision regarding any application for compensation.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95.

Wis. Admin. Code § PSC 3.06 Supplementary compensation {#sec-psc-3.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.06}

A recipient may apply to the commission for supplementary compensation if, for valid reason, it underestimated the costs of participation or if additional funds would substantially improve the recipient’s ability to contribute to the proceeding.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95.

Wis. Admin. Code § PSC 3.07 Payments to recipients {#sec-psc-3.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.07}

(1) A recipient shall submit a claim for payment to the commission within 90 days of the recipient’s completion of participation in the proceeding. The claim shall be accompanied by a supporting affidavit attesting to its correctness and shall include bills, receipts or itemized statements of expenses incurred for each item of expense exceeding $15. To the extent practicable, the commission shall authorize payment within 30 days of receipt of the claim. The commission may make partial payments as a recipient’s work progresses.

(2) Payment may be denied and is subject to refund if the recipient does not provide the representation of interests for which its application was approved.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95.

Wis. Admin. Code § PSC 3.08 Audits {#sec-psc-3.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.08}

The public commission shall be granted access, for the purpose of audit and examination, to any books, documents, papers and records of a recipient that support a claim for compensation. A recipient shall retain all relevant records supporting a claim for 3 years after receipt of compensation. The auditor of an organization receiving $30,000 or more of intervenor funding in one calendar year shall certify that the organization’s internal control systems assure the funds are spent in compliance with the intent of the award and with this chapter.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95.

Wis. Admin. Code § PSC 3.09 Discretionary authority {#sec-psc-3.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 3.09}

The awarding of compensation under this chapter is solely at the discretion of the commission. This chapter does not create any right or cause of action under state law.

History

Cr. Register, May, 1995, No. 473, eff. 6-1-95.

Chapter PSC 4 ENVIRONMENTAL ANALYSIS

Wis. Admin. Code § PSC 4.05 Definitions {#sec-psc-4.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.05}

In this chapter:

(1) “Cogeneration facility” means a type of electric generation facility that simultaneously generates electrical power and useful heat from the same primary fuel source.

(2) “Commission” means the public service commission of Wisconsin.

(2m) “Constructing an electric transmission line” means either of the following:

(a) Installing new conductors, insulators, and structures.

(b) Adding an additional circuit to an existing electric transmission line.

(3) “Distribution line” means an electric line whose main function is to deliver energy from a distribution substation to individual customers.

(4) “Distribution substation” means an electric substation whose primary function is to transform the voltage of incoming power to the primary distribution voltage.

(5) “Electric energy storage facility” means a supply facility that does not transform fuel or energy into electricity, but stores electricity or power capable of being transformed into electricity, including:

(a) A magnetic energy storage system.

(b) A battery.

(6) “Electric generation facility” means a physical plant used for generating electrical power and includes multiple generating units installed over time as part of an overall development project. It also includes situations, such as wind farms, where multiple small generators are installed as part of a single, overall project. In the case of multiple units at a single site or proximate sites, the environmental review will be predicated on the total project rather than unit by unit.

(7) “EA” means an environmental assessment.

(8) “EIS” means an environmental impact statement.

(9) “Human environment” means the natural or physical environment and the relationship of people with that environment.

(10) “kV” means kilovolt.

(11) “MW” means megawatt.

(12) “Person” has the meaning specified in s. 990.01 (26), Stats. “Person” also includes the state of Wisconsin and its political subdivisions.

(13) “Rebuilding an electric transmission line” means modifying an existing electric transmission line to increase its capacity to carry current at the same voltage, including changing conductors, insulators or structures.

(14) “Scoping” means a process by which the commission requests other agencies and the public to help identify major environmental issues and how they will be addressed in an EIS.

(15) “Upgrading an electric transmission line” means modifying an existing electric transmission line to increase its capacity to carry current and increasing its voltage, including changing conductors, insulators or structures.

(16) “WEPA” means the Wisconsin Environmental Policy Act, chapter 274, section 1, laws of 1971, and s. 1.11, Stats.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (1), (6), (9), (13) and (15), cr. (2m), Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 4.10 Categorizing commission actions {#sec-psc-4.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.10}

(1) Type I actions. Type I actions are major actions that significantly affect the quality of the human environment, within the meaning of s. 1.11 (2) (c), Stats. The commission shall prepare an EIS on any of the proposed actions involving a request for commission approval, categorized as Type I actions, listed in Table 1. The commission shall also prepare an EIS for actions not listed in Table 1 that it determines are Type I actions.

(2) Type II Actions. Type II actions are proposed actions involving requests for commission approval that have the potential to significantly affect the quality of the human environment, within the meaning of s. 1.11 (2) (c), Stats. Unless the commission decides an EIS is necessary, the commission shall prepare an EA on any of the proposed actions involving a request for commission approval, categorized as Type II actions, listed in Table 2.

(3) Type III Actions. Type III actions are proposed actions involving requests for commission approval that normally do not have the potential to significantly affect the quality of the human environment, within the meaning of s. 1.11 (2) (c), Stats. As such, they do not normally require an EA or an EIS. An evaluation of a specific Type III proposal, however, may indicate that the preparation of an EA or EIS is warranted for that proposal. Type III actions are listed in Table 3.

(3m) Actions not requiring environmental assessment.

(a) Commission actions not specified under sub. (2) do not normally require an environmental assessment except as otherwise determined by the commission under par. (b).

(b) Notwithstanding par. (a), the commission shall prepare an EA on a proposed action if it finds that:

The action may be a major action significantly affecting the quality of the human environment within the meaning of s. 1.11 (2) (c), Stats., and that an EIS may be required; or
The action involves unresolved conflicts concerning the use of available resources within the meaning of s. 1.11 (2) (e), Stats., such that the commission is required to study, develop and describe alternatives to the proposed action, and the commission has not studied, developed, and described alternatives in writing by other means.

(4) Categorizing transmission lines. If an electric transmission line is designed with a combination of the structure height and strength, line insulators, right-of-way and other elements that would allow the line to be easily modified to operate at a higher voltage than the initial operating voltage, the type of environmental review under this section is based on the line’s potential higher voltage level.

(5) Reasonable alternative proposals.

(a) If a reasonable alternative to any proposed action specified in subs. (2) to (3m) exists, and the alternative would require review under sub. (1) as a Type I action, the proposed action shall be reviewed as a Type I action.

(b) Unless par. (a) applies, if a reasonable alternative to any proposed action specified in subs. (3) to (3m) exists, and the alternative would require review under sub. (2) as a Type II action, the proposed action shall be reviewed under sub. (2) as a Type II action.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (1) to (3), renum. (5) to be (5) (a) and am., cr. (5) (b), Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 4.20 Environmental assessment procedures {#sec-psc-4.20 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.20}

(1) General information. The commission shall prepare an EA as a concise document that provides a factual investigation of the relevant areas of environmental concern in sufficient depth to permit a reasonably informed preliminary judgment of the environmental consequences of the proposed action. The EA shall include a recommendation whether the proposed action is a major action significantly affecting the quality of the human environment, within the meaning of s. 1.11 (2) (c), Stats., for which an EIS is required.

(1m) Public notice. When it commences the preparation of an EA, the commission shall make a diligent effort to notify the public that an EA is being prepared. The announcement may be included with a notice of investigation or notice of hearing. The announcement shall describe the proposed action, including a map where appropriate, list a commission contact person and indicate how comments may be submitted. The announcement shall specify a public comment period lasting at least 10 days, beginning on the date the announcement is distributed. The commission shall distribute its announcement that an EA is being prepared to:

(a) Any person with a demonstrated interest or who has requested to receive this type of information.

(b) Area legislators.

The county clerk and the town or municipal clerk for the project area, with a request that the clerks post the announcement publicly.
The county, town, village or city chief executive officer in the project area.
Local news media.
The regional planning commission.

(d) For a proposed action affecting a region of the state or the state as a whole:

The county clerks in the area affected, with a request that the clerks post the announcement publicly.
The county chief executive officers in the area affected.
Regional news media.

(2) Environmental assessment preparation. Following the deadline for public comment, commission staff shall complete an EA to develop information for the commission’s use and to determine whether an EIS is required. Each EA shall include the following information:

(a) A description of the purpose and need for the proposed action.

(b) Maps, graphs or other description of the proposed action’s location and design.

(d) An evaluation of significant positive and negative, short-term and long-term environmental effects that would result if the commission approves the proposed action. In preparing this evaluation, the commission shall consider:

Effects on geographically important or scarce resources, such as historic or cultural resources, scenic or recreational resources, prime farmland, threatened or endangered species and ecologically important areas.
Conflicts with federal, state or local plans or policies.
Significant controversy associated with the proposed action.
Irreversible environmental effects.
New environmental effects.
Unavoidable environmental effects.
The precedent-setting nature of the proposed action.
The cumulative effect of the proposed action when combined with other actions and the cumulative effect of repeated actions of the type proposed.
The foreclosure of future options.
Direct and indirect environmental effects.
Other environmental matters the commission considers relevant.

(e) An evaluation of the reasonable alternatives to the proposed action and significant environmental consequences of the alternatives, including those alternatives that could avoid some or all of the proposed action’s adverse environmental effects and the alternative of taking no action.

(f) A list of other persons contacted and summary of comments or other information received from them, including information regarding whether the proposed action complies with the regulations of other governmental units.

(g) A recommendation as to whether the proposed action requires an EIS.

(h) The name of the person preparing the EA.

(3) Preliminary findings.

(a) The commission shall make a preliminary determination about the need for an EIS, based on the information collected for the EA under sub. (2).

(b) The commission shall notify persons who were provided the announcement of the EA for the proposed action, and other persons the commission knows to be interested in the proposed action, of the preliminary determination. The notice of preliminary determination shall include a description of the proposed action, the preliminary determination whether an EIS is needed, any significant concerns raised about the proposed action, the name of a commission contact person and the period for comment. The commission shall make copies of the EA available to those persons who request it.

(c) The commission shall authorize at least 15 days for public comment on the preliminary determination, commencing with the date the notice under par. (b) is distributed.

(4) Determining need for an environmental impact statement.

(a) When the comment period expires, the commission shall determine whether the proposed action is a major action significantly affecting the quality of the human environment within the meaning of s. 1.11 (2) (c), Stats., for which an EIS is required. The determination shall be based on the EA prepared under sub. (2) and any comments received on the preliminary determination under sub. (3).

(b) If a finding of no significant impact is made, the commission shall enter the EA as part of the case file for the proposed action and shall send a copy of the EA to each county clerk, city clerk, village clerk, and town clerk in the area of the project.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; r. and recr. (1), cr. (1m), am. (2) (d) (intro.), 11., (g) and (3), renum. (4) to be (4) (a) and am., cr. (4) (b), Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 4.30 Environmental impact statement procedures {#sec-psc-4.30 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.30}

(1) General information.

(a) An EIS shall inform the commission and the public of significant environmental impacts of a proposed action and its alternatives, and reasonable methods of avoiding or minimizing adverse environmental effects. The environmental analysis shall be consistent with the regulations issued by the U.S. council on environmental quality, 40 CFR Parts 1500 to 1508.

(b) Each EIS shall evaluate reasonably foreseeable, significant effects to the human environment and significant socioeconomic effects of the proposal and its alternatives. If information relevant to evaluating these effects is incomplete or unavailable, the EIS shall:

Indicate the availability of the information.
Describe the information’s relevance.
Summarize available, credible scientific evidence that is relevant to the evaluation.
Evaluate effects based upon theoretical approaches or research methods generally accepted in the scientific community.

(2) Scoping. Scoping shall begin early in the process of preparing an EIS. The commission shall request any person it believes is interested in a proposed action to participate in scoping the proposed action. Scoping is an aid to help the commission identify all of a project’s relevant environmental concerns and reasonable alternatives. Scoping may be achieved by means of meetings, hearings, workshops, surveys, questionnaires, interagency committees, requests for written comments, and other methods and combinations of methods that the commission considers appropriate. The commission may also integrate scoping with other public participation requirements.

(3) Content. Based on information obtained from the project applicant, scoping, site inspection, commission research, governmental agencies and other relevant sources, an EIS shall include:

(a) A description of the proposed action and the affected environment and other relevant information.

(am) A description of the purpose of the proposed action and of the need for the proposed action.

(b) An analysis of the probable impact of the proposed action on the environment, including:

An evaluation of positive and negative effects on the affected local and regional environments, including the proposed action’s direct, indirect and cumulative environmental effects.
An analysis of any probable adverse environmental effects that would be unavoidable if the action is approved. This analysis shall consider:

a. The proposed action’s short-term and long-term effects.

b. Any irreversible and irretrievable commitments of resources.

A statement of how other adverse effects could be mitigated or prevented if the commission approves a proposed action.

(c) An evaluation of the reasonable alternatives to the proposed action and significant environmental consequences of the alternatives, including those alternatives that could avoid some or all of the proposed action’s adverse environmental effects and the alternative of taking no action.

(d) A proposed action’s socioeconomic effects.

(e) A proposed action’s effect on energy usage, including an evaluation of the technical feasibility of alternatives, pursuant to s. 1.12, Stats.

(f) An evaluation of the archeological, architectural and historic significance of any affected resources. This evaluation shall include consultation with the state historical society of Wisconsin.

(g) An evaluation of the effects of a proposed action on agriculture. If the proposed action may result in condemnation of farmland, the commission shall coordinate preparation of an EIS with the Wisconsin department of agriculture, trade and consumer protection. To the extent possible, an EIS for a proposed action that affects agriculture shall incorporate the provisions of an agricultural impact statement under s. 32.035 (4), Stats., so the EIS can also serve the functions of an agricultural impact statement under s. 32.035 (3), Stats.

(h) A summary of the scoping process used and the major issues identified for analysis in the EIS.

(4) Draft environmental impact statements.

(a) A draft EIS is a preliminary document, clearly describing a proposed project and the alternatives being considered so that other persons can begin assessing the environmental effects of the proposal.

(b) Each draft EIS shall include a preliminary evaluation of the information described in sub. (3).

The governor.
Each county, state or federal agency and each Indian tribe the commission knows has special expertise or interest in the proposed project.
The state historical society of Wisconsin library.
The Wisconsin legislative reference bureau.
Each of the regional depository libraries.
The Wisconsin department of natural resources.
The project applicant.
Any person who requests a copy.
For a proposed action affecting a local area:

a. The public library nearest to the proposed project.

b. The county and the town or municipality chief executive officer for the project area.

c. Each regional, county and town or municipal planning agency with jurisdiction over the project area.

d. The Wisconsin department of natural resources field office with jurisdiction over the project area.

For a proposed action affecting a region of the state or the state as a whole:

a. One or more public libraries whose geographic distribution provides public access without undue travel.

b. The chief executive officer of each county in the project area.

c. Each regional planning commission and each county planning or zoning agency with jurisdiction over the project area.

d. Each Wisconsin department of natural resources field office with jurisdiction over the project area.

(d) The commission shall notify the public about the availability of the draft EIS. The notice shall include a description of the proposed action and of the administrative procedures to be followed, the last date to submit comments on the draft EIS to the commission, the locations where copies of the draft EIS are available for review, the commission’s contact person and, if known, the date of the public hearing. The commission shall deliver a copy of the notice to:

Any person with a demonstrated interest in the draft EIS or who has requested to receive this type of information.
Any person who participated in scoping the EIS.
For a proposed action affecting a local area:

a. The nearest public library.

b. The county clerk and the town or municipal clerk for the project area, with a request that the clerks post the notice publicly.

c. The county, town, village or city chief executive officer in the project area.

d. Local news media.

e. The regional planning commission.

For a proposed action affecting a region of the state or the state as a whole:

a. The public libraries specified in par. (c) 10.

b. The county clerks in the proposed project area, with a request that the clerks post the notice publicly.

c. The county chief executive officers in the proposed project area.

d. Regional news media.

(e)

Except as provided in subd. 2., the commission shall allow the public at least 45 days, commencing with the date the draft EIS is mailed or personally served, to comment on the draft EIS.
The commission may shorten the public review period under subd. 1. for cause. If so, the commission shall include in its notice under par. (d) a statement calling attention to the reduced review period, specifying the date comments on the draft EIS are due to the commission in order to be considered in developing a final EIS, and describing the reasons why the commission decided to shorten the review period. The commission may also grant reasonable requests to extend the comment period.

(5) Final environmental impact statements.

(a) Following the public review period on a draft EIS, the commission shall prepare a final EIS. The final EIS may vary from the draft EIS in scope, based on comments received on the draft EIS or other pertinent information that becomes known to the commission. The final EIS shall contain the information described in sub. (3).

(b) The commission shall distribute a copy of the final EIS to the same persons who received a copy of the draft EIS under sub. (4) (c), and to any other person who requests a copy of the draft EIS or comments on the draft EIS.

(c) The commission shall notify the public about the availability of the final EIS in the manner specified for a draft EIS under sub. (4) (d), or by including a statement in a notice of hearing.

(d)

Except as provided in subd. 2., the commission shall distribute copies of the final EIS to the public and announce its availability at least 30 days before it holds a public hearing on the proposed action. The review period required under this paragraph commences with the date a final EIS is distributed.
The commission may shorten the public review period under subd. 1. for cause. If so, the commission shall include in its notice under par. (c) a statement calling attention to the reduced review period, and describing the reasons why the commission decided to shorten the review period. The commission may also grant reasonable requests to extend the public review period.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95.

Wis. Admin. Code § PSC 4.35 Supplemental documents {#sec-psc-4.35 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.35}

(1) Supplemental environmental assessment.

(a) The commission shall prepare a supplement to an EA if, after it has prepared an EA but before it has made a final decision on the proposed action, it identifies any of the following conditions:

Substantial changes to the proposed action, or significant new circumstances, that have the potential to affect the quality of the human environment in a significant manner or to a significant extent not already considered in the EA.
New information about the proposed action’s potential to affect the quality of the human environment in a significant manner or to a significant extent not already considered in the EA.

(b) Section PSC 4.20 applies to the preparation of a supplemental EA under par. (a).

(2) Supplemental environmental impact statement.

(a) The commission shall prepare a supplement to a draft EIS if, after it has prepared a draft EIS but before it has made a final decision on the proposed action, it identifies any of the following conditions:

Substantial changes to the proposed action, or significant new circumstances, that would affect the quality of the human environment in a significant manner or to a significant extent not already considered in the draft EIS.
New information about whether the proposed action would affect the quality of the human environment in a significant manner or to a significant extent not already considered in the draft EIS.

(b) Section PSC 4.30 applies to the preparation of the supplemental draft EIS under par. (a).

(c) Following issuance of the supplemental draft EIS, the commission shall prepare a final EIS. If a condition specified in par. (a) 1. or 2. occurs after the commission has issued a final EIS but before it has made a final decision on the proposed action, the commission shall prepare both a supplemental draft EIS and a supplemental final EIS.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 4.40 Generic environmental assessments and environmental impact statements {#sec-psc-4.40 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.40}

(1) Similar actions. If the commission is analyzing the environmental effects of a group of similar proposed actions with substantially similar effects on the human environment, major changes in ongoing policy which would affect the environment or proposed actions which are likely to recur, it may prepare a generic EA or EIS. Section PSC 4.20 applies to a generic EA and s. PSC 4.30 applies to a generic EIS, unless a provision in either section would conflict with the purpose of the generic EA or EIS.

(2) Amendments. The commission may amend a generic EA or EIS, either by reopening the generic docket or by addressing the generic EA or EIS in a specific case docket. If so, the original parties to the generic EA or EIS docket shall be notified.

(3) Use of a generic environmental assessment or environmental impact statement. An EA, a draft EIS or a final EIS may incorporate portions of a generic EA or EIS, if the EA or EIS summarizes the relevant portions of the generic EA or EIS.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95.

Wis. Admin. Code § PSC 4.50 Public hearing on proposed actions {#sec-psc-4.50 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.50}

(1) Date and location.

(a)

Except as provided in subd. 2., the commission shall hold a public hearing on a proposed action for which it has prepared an EIS before making a final decision. The commission shall hold the hearing at least 30 days after publishing a notice of hearing and distributing the final EIS under s. PSC 4.30 (5) (b).
The commission may reduce the review period prior to hearing for cause, as provided in s. PSC 4.30 (5) (d) 2.

Note: Section 1.11 (2) (d), Stats., also requires the commission to wait at least 15 days after publishing a newspaper notice of a hearing, before holding the hearing.

(b) Concerning a proposed action of statewide significance, the commission may hold the public hearing in Madison. For other proposed actions the commission shall, as specified in s. 1.11 (2) (d), Stats., hold a hearing in the locality affected.

(2) Hearing notice. In addition to the notice requirements specified for a hearing in s. 1.11 (2) (d), Stats.:

(a) The commission shall mail a notice of hearing to known interested persons and others specified in s. PSC 4.30 (4) (d).

(b) The commission may require a project applicant to place one or more advertisements about the project and the hearing in the news media.

(3) Conduct of the hearing. The commission shall conduct the public hearing under this section as a contested case proceeding, in accordance with ss. 227.44 to 227.50, Stats., or, if the proposed action involves rule making or a proposal for legislation, in accordance with s. 227.18, Stats. At the hearing commission staff shall offer the final EIS into evidence. The commission staff shall testify about the preparation of the final EIS and the issues it identifies, and may provide other relevant information on the environmental aspects of the case that may have come to its attention. The commission shall receive the final EIS into evidence. The commission may also receive testimony at the hearing regarding the environmental aspects of the case and the content of the final EIS.

(4) Order. The commission shall distribute a copy of its order on the proposed action to each agency responding to the draft EIS or the final EIS, to each party to the proceeding and to any person who requests a copy.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (3), Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 4.60 Interagency cooperation {#sec-psc-4.60 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.60}

(1) Early consultation. To the extent practical, the commission shall consult with federal and state agencies early when preparing an EA or EIS.

(2) Joint preparation of environmental assessments. The commission may enter into agreements with other federal, state or local agencies to develop a joint environmental assessment that satisfies the requirements of the participating agencies. The commission shall independently determine its need to prepare an EIS.

(3) Joint preparation of environmental impact statements. The commission may enter into agreements with other federal or state agencies to develop a joint EIS that satisfies the requirements of the participating agencies.

(4) Adoption of other environmental assessments or environmental impact statements.

(a) The commission may adopt part or all of another state or federal agency’s environmental assessment as the commission’s EA if the EA meets the requirements of this chapter. The commission shall notify the public as required under s. PSC 4.20 (1) or (3). The commission shall independently determine its need to prepare an EIS.

(b) The commission may adopt part or all of another state or federal agency’s environmental impact statement as the commission’s draft EIS if the EIS meets the requirements of this chapter. The commission shall distribute the draft EIS and notify the public as required under s. PSC 4.30 (4).

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (2) and (4) (a), Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 4.70 Project applications {#sec-psc-4.70 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.70}

(1) Advance notice to commission. Any person intending to file an application for commission approval of a Type I or Type II proposed action listed in s. PSC 4.10 (1) or (2) shall contact the commission. The applicant shall contact the commission at least 30 days before filing, and at least 30 days before providing an engineering plan to the department of natural resources if required under s. 196.491 (3) (a) 3. a., Stats., to:

(a) Describe the person’s tentative plans, designs and timing.

(b) Seek a preliminary determination from the commission on alternatives to the proposed action that must be evaluated and the information necessary to complete the environmental review.

(d) For a Type I proposed action listed in s. PSC 4.10 (1), obtain information on commission methods and timing for public notice and scoping procedures.

(2) Required contents of an application.

(a) Each application for commission approval of a Type I proposed action listed in s. PSC 4.10 (1) shall describe the project in sufficient detail that the commission can prepare an EIS meeting the criteria specified in s. PSC 4.30 (3). Each application for commission approval of a Type II proposed action listed in s. PSC 4.10 (2) shall describe the project in sufficient detail that the commission can prepare an EA meeting the criteria specified in s. PSC 4.20 (2).

(b) Each application for commission approval of a Type I or Type II proposed action listed in s. PSC 4.10 (1) or (2) shall do all of the following:

Identify, develop and evaluate reasonable alternatives to the project.
Include a summary of the applicant’s contacts with other agencies, as required under sub. (1) (c).

(c) No application for commission approval of a Type I or Type II proposed action listed in s. PSC 4.10 (1) or (2) is complete until the information necessary for the commission to complete an environmental review is provided.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (1) (intro.), (d), (2) (a), (b) (intro.) and (c), Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 4.80 WEPA coordinator {#sec-psc-4.80 omnilex-key=us-wi-regs-official--agency-psc--PSC 4.80}

(1) Powers and duties. The commission shall designate a qualified staff person as WEPA coordinator, to coordinate and oversee performance of environmental impact statement procedures and other WEPA requirements. The WEPA coordinator shall:

(a) Act as contact for other state agencies seeking assistance or opinions on environmental impact matters.

(b) Participate on behalf of the commission in inter-agency environmental activities.

(d) Determine whether an EIS is required for actions listed in s. PSC 4.10 (2) or (3).

(e) Determine whether an EA is required for proposed actions listed in s. PSC 4.10 (3) or (3m).

(f) Ensure the commission’s environmental review of a proposed action complies with s. 1.11, Stats.

(g) Determine the proper time periods for review of EA and EIS documents under ss. PSC 4.20 (1m) and (3) (c), 4.30 (4) (e) and (5) (d) and 4.50 (1).

(2) Assistance to applicants. Any person uncertain as to whether s. PSC 4.10 (1), (2) or (3) applies to a project may contact the WEPA coordinator for assistance.

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (1) (g), Register, June, 2000, No. 534, eff. 7-1-00.

Chapter PSC 5 ASSESSMENT OF COSTS

Wis. Admin. Code § PSC 5.01 Scope {#sec-psc-5.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.01}

The public service commission is authorized by s. 196.85, Stats., to charge any public utility, power district, or sewerage system the expenses attributable to the performance of the commission’s duties. The purpose of this chapter is to implement s. 196.85, Stats., authorizing the commission to assess these costs.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82.

Wis. Admin. Code § PSC 5.02 Definitions {#sec-psc-5.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.02}

(1) “Advance assessment” means a bill for the estimated remainder assessment for the current fiscal year, calculated by adding 10% to the remainder assessment for the prior fiscal year.

(2) “Direct assessment” means a bill for costs incurred by the public service commission during the course of an investigation (including the costs of litigation), appraisal or the rendering of requested services, which costs are directly attributable to the utility, power district or sewerage system to which the bill is rendered.

(3) “Remainder assessment” means a pro rata share of the commission’s annual expenses for regulation not directly attributable to a specific utility, power district or sewerage system. The remainder assessment for each entity subject to assessment shall be calculated by apportioning the total commission expenses not directly attributable to a specific utility, power district or sewerage system in proportion to gross intrastate operating revenues derived from regulated services during the preceding calendar year.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82.

Wis. Admin. Code § PSC 5.03 Occasion for direct assessment of expenses {#sec-psc-5.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.03}

Direct assessments are made for the costs of:

(1) Investigations instituted by the commission on its own motion, or complaint, or on application made to it; or

(2) The rendering of any engineering or accounting services upon request of a public utility, power district or sewerage system.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82.

Wis. Admin. Code § PSC 5.04 Entities subject to assessment {#sec-psc-5.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.04}

Direct or remainder assessments shall be made against:

(1) Public utilities, as defined in s. 196.01 (5), Stats.

(2) Electric utilities, as defined in s. 196.491 (1) (d), Stats. (for direct assessments only).

(3) Power districts, as defined in s. 198.01 (1) and (3), Stats.

(4) Sewerage systems, as governed by ss. 66.0821 and 200.59, Stats.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (1) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 5.05 Other types of assessment {#sec-psc-5.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.05}

(1) Costs of municipal acquisition. A municipality seeking to acquire the property of a public utility under the provisions of ch. 196, Stats., shall be assessed the costs of the commission’s expenses in making any required appraisal or investigation of utility property.

(2) Costs of security issuance. A public service corporation seeking to issue securities under the provisions of ch. 201, Stats., shall be assessed the costs of the commission’s expenses in making any required investigation of its books, accounts and practices or appraisal of its property.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 5.06 Direct and remainder assessment; types of expenses {#sec-psc-5.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.06}

(1) The following types of expenses attributable to performance of the commission’s regulatory duties shall be included in direct assessment:

(a) Salary, including fringe benefits.

(b) Travel expenses.

(2) Overhead expenses shall be included in the remainder assessment.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82.

Wis. Admin. Code § PSC 5.07 Chargeable personnel time; direct and remainder assessments {#sec-psc-5.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.07}

(1) The time of the following commission personnel shall be directly assessed:

(a) All employees — except those specified in sub. (2) — engaged directly on a specific investigation, appraisal or rendering of requested services. This time shall include, but not be limited to travel, testimony and attendance at hearings, preparation of audits, summaries and exhibits, and writing and typing reports.

(b) Department heads, when engaged directly on an investigation, appraisal or rendering of requested services rather than in a general supervisory capacity.

(2) The time of the following personnel shall be included in remainder assessments:

(a) Department heads acting in a general supervisory capacity.

(b) Hearing examiners.

(d) Commissioners.

Wis. Admin. Code § PSC 5.08 Direct charges; supporting records {#sec-psc-5.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.08}

(1) Time records. Charges made to the direct assessment for the time of commission staff members shall be supported by weekly time sheets which record activities performed each day according to docket numbers.

(2) Travel expense records. Travel expense charges to direct assessment shall be supported by records of the travel expense accounts of commission staff members.

(3) Other expenses. Any other directly attributable expenses directly assessed shall be supported by cost records.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82.

Wis. Admin. Code § PSC 5.09 Direct assessments; procedure for billing and collection {#sec-psc-5.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.09}

(1) Notice of finding of necessity for investigation and intention to assess costs.

(a) Prior to making any assessment of costs under s. 196.85 (1), Stats., arising out of any investigation of the books, accounts, practices and activities or appraisal of the property of a public utility, power district or sewerage system, the commission shall make an express finding of necessity of the investigation or appraisal and of its intention to assess the costs of the proceeding.

(b) Notice of the commission’s finding of necessity, its intention to assess costs, and the duty to pay “the expenses reasonably attributable” to the scheduled investigation or appraisal shall be served on the affected utility, power district or sewerage system.

(2) Billing.

(a) The commission shall determine the expenses reasonably attributable to the specific investigation, appraisal, or rendition of services and mail a bill to the public utility, power district or sewerage system. The bill may be mailed during the progress of the investigation, appraisal, or rendition of services or at its conclusion and shall constitute notice of the assessment and demand for its payment.

(b) The commission shall render monthly statements to utilities, power districts, and sewerage systems itemizing the names of commission employees engaged in billable work, the hours expended, the hourly rates and the total amount of charges.

(3) Division of expenses in joint proceedings. In a joint investigation or where the charges in one investigation are to be divided between two or more public utilities, power districts or sewerage systems, the charges shall be assessed, unless otherwise ordered, in proportion to their respective gross intrastate operating revenues for the preceding calendar year.

(4) Limit to direct charges.

(a) Charges directly assessed to a public utility, power district or sewerage system under ss. 196.85 (1) and 184.10 (3), Stats., shall not exceed four-fifths of one per cent of its gross operating revenues derived from intrastate operations in the last preceding calendar year.

(b) The limitation of par. (a) may not include or apply to charges against municipalities under s. 196.855, Stats.

(5) Period for payment. Direct assessments shall be paid within 30 days after the bill is mailed to each public utility, power district or sewerage system.

(6) Collection procedure. Direct assessments not paid within 30 days after mailing shall be collected according to the provisions of s. 196.85 (3), Stats. Objection to an assessment shall be made within 30 days after mailing according to the provisions of s. 196.85 (4) (a), Stats.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82; am. (1) (a), Register, September, 1983, No. 333, eff. 10-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501.

Wis. Admin. Code § PSC 5.10 Remainder and advance assessments; procedure for billing and collection {#sec-psc-5.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.10}

(1) Billing. Within 90 days of the beginning of each fiscal year, the commission shall render an advance assessment to each public utility, power district or sewerage system.

(2) Period for payment. Advance assessments shall be paid within 30 days after they are mailed.

(3) Collection procedure. Advance assessments not paid within 30 days after mailing shall be collected according to the provisions of s. 196.85 (4) (a), Stats.

(4) Reconciliation. When an advance assessment is paid, the commission shall either credit or charge the utility, power district or sewerage system for the difference between the prior fiscal year’s remainder assessment and the prior fiscal year’s advance assessment.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82.

Wis. Admin. Code § PSC 5.11 Accounting records {#sec-psc-5.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 5.11}

The commission’s accounting system shall include all functions and activities and account for all receipts and expenditures. The commission’s accounts shall be open for inspection by the public.

History

Cr. Register, August, 1982, No. 320, eff. 9-1-82.

Chapter PSC 6 ASSESSMENT OF COMMISSION’S HOLDING COMPANY REGULATION COSTS

Wis. Admin. Code § PSC 6.01 Scope {#sec-psc-6.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.01}

The purpose of this chapter is to implement s. 196.84, Stats., authorizing the commission to assess against a holding company or a nonutility affiliate the expenses attributable to the performance of its duties under s. 196.795, Stats.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86.

Wis. Admin. Code § PSC 6.02 Definitions {#sec-psc-6.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.02}

(1) “Holding company” has the meaning set forth in s. 196.795 (1) (h), Stats.

(2) “Nonutility affiliate” has the meaning set forth in s. 196.795 (1) (j), Stats.

(3) “Public utility affiliate” has the meaning set forth in s. 196.795 (1) (l), Stats.

(4) “Holding company system” has the meaning set forth in s. 196.795 (1) (i), Stats.

(5) “Cost of any increase in regulation of any public utility affiliate” means the total of commission expenditures which are in excess of the commission expenditures which are properly assessable for utility regulation under s. 196.85, Stats., and ch. PSC 5 and which expenditures are directly or indirectly attributable to the commission’s implementation and enforcement of s. 196.795, Stats., as set forth in s. PSC 6.03.

(6) “Direct assessments” are charges made by the commission to holding companies or nonutility affiliates or both for the activities and expenditures set forth in s. PSC 6.05.

(7) “Remainder assessments” are charges made by the commission to holding companies or nonutility affiliates or both for the expenditures set forth in s. PSC 6.06. They are calculated by subtracting direct assessments from the commission’s total holding company regulation expenditures to arrive at a remainder.

(8) “Advance payment of a remainder assessment” means payment, in advance, of remainder assessments which have been projected for the current fiscal year but have not yet been totally incurred by the commission. This payment is calculated by adding 10% to the remainder assessment for the prior fiscal year. Payment for remainder assessment expenditures incurred in the prior fiscal year by the commission, when such payment is made during the current fiscal year, is not within the definition of “advance payment of remainder assessment.”

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86.

Wis. Admin. Code § PSC 6.03 Occasion for assessment of expenditures {#sec-psc-6.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.03}

Expenditures of the commission are assessable against a holding company, or a nonutility affiliate, or both, in a holding company system whenever commission expenditures have been incurred because of any increase in regulation of a public utility affiliate, where such expenditures have been reasonably required in order for the commission to implement and enforce s. 196.795, Stats. Such assessable expenditures include, but are not limited to, expenditures incurred by the commission in carrying out the following regulatory duties:

(1) Granting or denying a certificate of approval to form a holding company;

(2) Holding a hearing concerning an application for a certificate of approval to form a holding company;

(3) The modification or addition of any term, limitation or condition of a certificate of approval to form a holding company;

(4) Determining whether a takeover of a holding company as set forth in s. 196.795 (3), Stats., is in the best interests of utility consumers, investors and the public;

(5) Making determinations regarding capital impairment of public utility affiliates in holding company systems;

(6) Examination of books, records, documents and other information relating to a holding company system;

(7) Conducting any litigation related to the protection of a holding company system’s business information from public disclosure;

(8) Monitoring and enforcing s. 196.795 (5), (c), (d), (dm), (dr), (f), (g) and (h), Stats.;

(9) Considering and determining, in a rate proceeding, attributions of tax and other benefits or liabilities pursuant to s. 196.795 (5) (i), Stats.;

(10) Regulating holding company system real estate transactions between public utility affiliates and holding companies or between public utility affiliates and nonutility affiliates in a holding company system, including leases;

(11) Approving or disapproving the termination of the interest of a holding company system in a public utility affiliate;

(12) Regulating advertising pursuant to s. 196.795 (5) (n), Stats.;

(13) Determining compliance with and enforcement of s. 196.795 (6m) (b), Stats., including the costs of determining the assets of each nonutility affiliate;

(14) Investigating and making determinations regarding the selling at retail, leasing, installing, maintaining or servicing of appliances pursuant to s. 196.795 (5) (g), Stats.;

(15) Investigating, and approving or disapproving, the use by nonutility affiliates of the services of employes of public utility affiliates pursuant to s. 196.795 (5) (r), Stats.;

(16) Regulating property contracts or arrangements between public utility affiliates and nonutility affiliates pursuant to s. 196.795 (5) (s), Stats.;

(17) Administering the reporting requirements set forth in s. 196.795 (6), Stats.;

(18) Conducting commission investigations into the impact of the operation of every holding company system on every public utility affiliate in the holding company system as set forth in s. 196.795 (7), Stats.;

(19) Conducting hearings and investigations to determine if any practice of a holding company system violates any provisions of s. 196.795 (5) (b) to (s), Stats., or any limitation, term or condition of the certificate of approval to form a holding company, all pursuant to s. 196.795 (7) (b), Stats.;

(20) Conducting all litigation arising out of any order of the commission directing a holding company system to modify or cease a practice which violates any provision of s. 196.795 (5) (b) to (s), Stats., or any limitation, term or condition of its certificate of approval to form a holding company;

(21) Conducting any investigation and hearing regarding the necessity of ordering a holding company to terminate its interest in a public utility affiliate under s. 196.795 (7) (c), Stats., and any litigation associated therewith;

(22) Conducting any intervention by the commission in any proceeding which involves an application of or issue related to s. 196.795, Stats., pursuant to its authority to intervene under s. 196.795 (10), Stats.;

(23) Providing assistance, monitoring and advocacy in protecting small business interests under s. 196.795, Stats., in any action or proceedings before the commission, pursuant to s. 196.795 (10m), Stats.;

(24) Conducting any other litigation arising out of the performance of the commission’s regulatory duties with respect to the implementation and enforcement of s. 196.795, Stats.;

(25) Ascertaining and collecting payment of the commission’s holding company regulation costs under s. 196.84, Stats.;

(26) Determining future investment terms, limitations or conditions on holding companies formed prior to November 28, 1985, pursuant to s. 196.795 (11) (b), Stats.;

(27) All other costs and expenses reasonably required in order for the commission to implement and enforce s. 196.795, Stats.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86; correction in (13) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 6.04 Entities subject to assessment {#sec-psc-6.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.04}

Direct or remainder assessments for holding company regulation costs shall be made against:

(1) Holding companies;

(2) Nonutility affiliates;

(3) Public utilities prior to their becoming public utility affiliates, in circumstances where there does not exist a holding company or a nonutility affiliate against which to assess the commission’s holding company regulation costs. Examples of such situations include a person who has applied for but has not yet been granted a certificate of approval to form a holding company; a person who has applied for and has been denied a certificate of approval to form a holding company; and a holding company or nonutility affiliate which has insufficient resources with which to pay the commission’s holding company regulation costs. In the event a public utility pays these holding company regulation costs, said costs are not to be recouped by the utility through the rates which it charges consumers.

(4) Except as provided in sub. (3), assessments for the commission’s holding company regulation costs may not be made directly or indirectly against any public utility affiliate.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86.

Wis. Admin. Code § PSC 6.05 Direct assessments {#sec-psc-6.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.05}

(1) Activities includable. All investigations, hearings, proceedings and all other activities which are reasonably attributable to a particular holding company or nonutility affiliate, whether or not a docket number is assigned, shall be included in the direct assessment of the costs of any increase in the regulation of any public utility affiliate of that holding company or nonutility affiliate.

(2) Types of expenses. The following types of expenditures attributable to the performance of the commission’s holding company regulatory duties shall be included in direct assessments:

(a) Salary, including fringe benefits;

(b) Travel expenses;

(d) Intervenor compensation awarded by the commission under ch. PSC 3;

(e) Any other appropriate expenditures reasonably attributable to a particular holding company or nonutility affiliate.

(3) Personnel. The time of the following commission personnel shall be directly assessed to a holding company or nonutility affiliate:

(a) All employes engaged directly on a specific investigation, hearing, review of books and records or other activity reasonably required in order for the commission to implement and enforce s. 196.795, Stats., with regard to a specific holding company or nonutility affiliate. This time shall include, but not be limited to, travel, testimony and attendance at hearings, analysis, preparation of audits, summaries and exhibits, and writing and typing reports.

(b) Department heads, when engaged directly in the activity set forth in sub. (1), rather than in a general supervisory capacity.

(d) Hearing examiners.

(e) Reporters, stenographers and clerks engaged in preparation of transcripts, docketing or filing.

(4) No limit to direct charges. The limitation of s. 196.85 (1), Stats., on direct assessments does not apply to charges against holding companies or nonutility affiliates made under s. 196.84, Stats.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86.

Wis. Admin. Code § PSC 6.06 Remainder assessments {#sec-psc-6.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.06}

(1) Types of activities. The activities whose expenditures are chargeable to holding company remainder assessments are those which cannot be reasonably attributed to any specific holding company or nonutility affiliate. Examples of such activities are rulemaking regarding holding company regulation and staff attendance at special seminars directly relating to holding companies.

(2) Apportionment. The holding company remainder assessment shall be apportioned among all holding company systems in existence during the fiscal year in which the remainder assessment costs have been incurred. Also included in the apportionment shall be those persons who, during such fiscal year, have applied for or been granted a certificate of approval to form a holding company but who have not yet formed a holding company. The commission shall charge each such holding company system or person a remainder assessment on the following basis: The commission will compare the assets of the holding company system or, in the case of a person who has not yet formed a holding company, the assets which will be held by that person’s holding company system when it is formed, to the total assets of all existing and applied for but unformed holding company systems. The resulting percentage will be the percentage which the holding company system or person will pay of the total holding company remainder assessment. The assets will be the assets declared, reported or identified, as of the date of billing, under s. 196.795 (2) (b), 196.795 (5) (o) or 196.795 (6), Stats., or through any investigation or other commission proceeding, including review of financial statements. Assets shall be determined pursuant to s. 196.795 (5) (o), Stats.

(3) Advance payment. No advance payment of a remainder assessment under s. 196.85 (2), Stats., shall be required for the first 2 full fiscal years after November 28, 1985. Advance payments shall be required starting with the fiscal year beginning July 1, 1988.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86.

Wis. Admin. Code § PSC 6.07 Billing and collection procedures {#sec-psc-6.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.07}

(1) Determination. The bill mailed by the commission shall constitute the commission’s determination that the charges contained therein represent increases in the cost of regulating a public utility affiliate which are reasonably required in order for the commission to implement and enforce s. 196.795, Stats.

(2) Billing.

(a) Direct assessments.

The commission shall determine the expenses reasonably attributable to the specific holding company docket, holding company or nonutility affiliate, or both, and mail a bill to the holding company or nonutility affiliate, or both. The bill may be mailed during the progress of the holding company regulation activity, including consideration of an application for a certificate of approval to form a holding company, or at the conclusion of such activity. It shall constitute notice of the assessment and demand for payment.
The commission shall render monthly statements of said direct assessments to holding companies and nonutility affiliates, which statements itemize the names of commission employes engaged in holding company regulation work, the hours expended, the hourly rates and the total amount of charges.

(b) Remainder assessments.

The commission shall annually, within 90 days of the commencement of each fiscal year, ascertain the total of its holding company regulation expenditures during the prior fiscal year which were reasonably required in order for the commission to implement and enforce s. 196.795, Stats. The commission shall deduct from this total all amounts directly assessable pursuant to s. PSC 6.05 to arrive at a remainder assessment.
For fiscal years 1985-1986, 1986-1987, and 1987-88, the commission shall assess to the holding companies and their nonutility affiliates and to those persons who applied for or were granted a certificate of approval to form a holding company but have not yet formed a holding company, a sum equal to the remainder, pursuant to the apportionment set forth in s. PSC 6.06 (2).
Beginning with fiscal year 1988-89 and thereafter, the commission shall assess to the holding companies and their nonutility affiliates and those persons who applied for or were granted a certificate of approval to form a holding company but have not yet formed a holding company, a sum equal to the remainder plus 10% of that remainder. This shall constitute the “advance remainder assessment.”
If, at the time of payment of the advance remainder assessment, the commissioner’s prior fiscal year remainder expenditures exceeded the advance payments of a remainder assessment made by the holding companies, nonutility affiliates and persons for that fiscal year, the commission shall charge the difference to the holding companies, nonutility affiliates and persons in the proportion which the assets of each holding company system or person bear to the total assets which are held by all such holding company systems and persons. If, at the time of payment, it is determined that the commission’s prior fiscal year remainder expenditures related to holding company regulation were less than the advance payments of a remainder assessment made for that prior fiscal year, the commission shall credit the difference to the current year’s payment. The remainder assessment bill constitutes notice of the assessment and demand for payment.

(3) Period for payment and objections.

(a) Direct assessments. The holding company or nonutility affiliate shall, within 30 days after the mailing of the bill for the direct assessment, pay to the commission the amount for which it is billed. Within 30 days after the date of the mailing of any direct assessment bill, the holding company or nonutility affiliate that has been billed may file with the commission objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The procedure set forth in s. 196.85 (4), Stats., shall be followed by the objector and the commission. If the commission overrules or disallows the objections, the bill must be paid within 10 days after notice of such overruling or disallowance.

(b) Remainder assessments.

Remainder assessments resulting from the regulation of public utility affiliates of holding companies shall be paid by holding companies and nonutility affiliates within 30 days after the bill for the remainder charges has been mailed to the holding companies and nonutility affiliates. The holding companies and nonutility affiliates shall have 30 days after the mailing of the bill containing the remainder charges to file objections, and the procedures set forth in s. 196.85 (4), Stats., shall be followed.
Holding companies and nonutility affiliates shall not be required to pay a remainder assessment in advance until the fiscal year beginning July 1, 1988; this does not prohibit the commission from assessing holding companies, nonutility affiliates or person’s remainder assessments covering commission expenditures made during the prior fiscal year and requiring payment of those remainder assessments within 30 days.

(c) Collection of direct and remainder assessments, including collections in the event of nonpayment, shall be made pursuant to the procedures set forth in s. 196.85, Stats.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86.

Wis. Admin. Code § PSC 6.08 Supporting records {#sec-psc-6.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 6.08}

(1) Time records. Direct assessment charges representing time of commission staff members shall be supported by weekly time sheets which record activities performed according to docket and other code numbers.

(2) Travel expense records. Travel expense charges to direct assessment shall be supported by records of the travel expense accounts of commission staff members.

(3) Other expenses. Any other directly attributable expenses which are directly assessed shall be supported by cost records.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86.

Chapter PSC 8 UTILITY REPORTS

Wis. Admin. Code § PSC 8.07 Utility reports {#sec-psc-8.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 8.07}

(1) Electric, gas, water, or joint utility annual report for class A or B privately owned utilities.

(2) Electric, gas, water, or joint utility annual report for class C or D privately owned utilities.

(3) Water, electric, or joint utility annual report for class A or B municipally owned utilities.

(4) Water, electric, or joint utility annual report for class C municipally owned utilities.

(5) Water, electric, or joint utility annual report for class D municipally owned utilities.

(6) Report for sewer utility (annual).

(13) Annual report of heating utility.

(14) Data to supplement information contained in annual report [a form sent to those utilities having operations in Wisconsin and some other state or states and whose annual report form does not include Wisconsin intrastate and out-of-state operational data necessary to computation and remainder assessments].

History

1-2-56; am. Register, May, 1962, No. 77, eff. 6-1-62; CR 06-046: r. (8) to (10) and (12) Register April 2007 No. 616, eff. 5-1-07; CR 13-025: r. (7), (11) Register January 2014 No. 697, eff. 2-1-14.

Chapter PSC 12 UTILITY ADVERTISING PRACTICES

Wis. Admin. Code § PSC 12.01 Purpose {#sec-psc-12.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 12.01}

The purpose of this chapter is to implement s. 196.595, Stats.

History

Cr. Register, April, 1988, No. 388, eff. 5-1-88.

Wis. Admin. Code § PSC 12.02 Definitions {#sec-psc-12.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 12.02}

In this chapter:

(1) “Advertising” has the meaning set forth in s. 196.595 (1) (a), Stats.

(2) “Direct and substantial benefits” means a benefit that is produced by advertising which:

(a) Demonstrates or provides information about available energy conservation methods or programs;

(b) Conveys safety information related to the provision of utility service;

(d) Provides customer information on how to save money on utility services;

(e) Is likely to produce the effect of holding down prices for basic utility services, and is not in conflict with public service commission policy; or

(f) Provides information related to the provision of utility service which is otherwise of significant value to the consumer.

(3) “Mixed advertisement” means an advertisement which produces a direct and substantial benefit to customers, but which also serves good will, institutional or other purposes unrelated to sub. (2) in more than a minor or incidental manner.

(4) “Public utility” has the meaning set forth in s. 196.595 (1) (c), Stats. “Public utility” does not include a sewer or water service or a cooperative association organized under ch. 185, Stats.

History

Cr. Register, April, 1988, No. 388, eff. 5-1-88; corrections made under s. 13.93 (2m) (b) 1. and 4., Stats., Register, September, 1997, No. 501.

Wis. Admin. Code § PSC 12.03 Prior approval {#sec-psc-12.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 12.03}

A public utility may submit an advertisement to the public service commission prior to public presentation for a determination as to whether the advertisement produces a demonstrated, direct and substantial benefit to the consumer. The commission shall make the determination within 30 days of submission.

History

Cr. Register, April, 1988, No. 388, eff. 5-1-88.

Wis. Admin. Code § PSC 12.04 Demonstration of benefit {#sec-psc-12.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 12.04}

(1) A utility may demonstrate that its advertisements produce a direct and substantial benefit by showing the commission that the advertisements:

(a) Promote conservation or safety, or are required by law;

(b) Are likely to produce the effect of lowering the price of providing basic utility service to the consumer;

(d) Provide information related to the provision of utility service which is otherwise of significant value to the consumer.

(2) An analysis of a utility’s advertising expenses which is performed by commission staff for the utility’s rate case shall be provided to the parties to the case, if requested.

(3) Mixed advertisements may not be charged to ratepayers.

History

Cr. Register, April, 1988, No. 388, eff. 5-1-88.

Wis. Admin. Code § PSC 12.05 Participation in advertising of others {#sec-psc-12.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 12.05}

No advertising sponsored by a utility’s parent company or affiliated interest, as defined in s. 196.52 (1), Stats., or by any other national or regional organizations, may be charged to utility consumers unless it complies with s. 196.595, Stats., and this chapter.

History

Cr. Register, April, 1988, No. 388, eff. 5-1-88.

Chapter PSC 100 AFFILIATIONS BETWEEN PUBLIC UTILITIES AND OTHER PERSONS

Subchapter I General

Wis. Admin. Code § PSC 100.01 Person defined {#sec-psc-100.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.01}

Under s. 196.52 (1), Stats., “person” includes trustees, lessees, holders of beneficial equitable interest, voluntary associations, receivers and partnerships. “Person” does not include a telecommunications provider, as defined in s. 196.01 (8p), Stats. This definition should be observed in filing information in response to this order.

History

1-2-56; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 13-025: am. Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 100.02 Validity of contracts {#sec-psc-100.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.02}

Section 196.52 (3), Stats., provides that no contract or arrangement between a public utility and any affiliated interest shall be valid or effective until such contract or arrangement shall have received the written approval of the commission. Pursuant to this provision any new contracts or revisions of former contracts between a public utility and an affiliated interest must be submitted to the commission for approval before they can become effective.

Wis. Admin. Code § PSC 100.03 Information to be furnished {#sec-psc-100.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.03}

All class A, B, and C privately owned public utilities in Wisconsin shall furnish the following information on or before June 1, 1937:

(1) A list of all corporations and persons which own or hold, directly or indirectly, 5% or more of the voting securities of the reporting public utility. Such list shall show the number of units of each class of securities held, the percent which the individual holding of each class is to the total outstanding of that class, and the state of incorporation of each corporation.

(2) A list of all corporations and persons which own or hold, directly or indirectly, 5% or more of the voting securities of any corporation in a chain of successive ownership of the reporting public utility. Such list shall show the number of units of each class of securities held, the percent which the individual holding of each class is to the total outstanding of that class, and the state of incorporation of each corporation.

(3) A list of all corporations 5% or more of whose voting securities are owned by any corporation or person owning 5% or more of the voting securities of the reporting public utility, or by any corporation or person in any chain of successive ownership of each public utility, as defined in sub. (2). Such list should indicate the name of the affiliated corporation or person which owns 5% or more of the voting securities of each corporation listed.

(4) A list of all corporations which have one or more officers or one or more directors in common with the reporting public utility. This list should show for each corporation listed the names of the officers and directors which serve in common with the reporting public utility.

(5) A list of all contracts and arrangements, written or unwritten, in effect between the reporting utility and all affiliated interests as defined in s. 196.52, Stats. Such list shall state a descriptive title of each contract or arrangement, and the date of the original contract and of all amendments thereto.

Wis. Admin. Code § PSC 100.04 Verification of report {#sec-psc-100.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.04}

The information furnished in response to this order must be verified under oath by the president or secretary of the reporting utility. The information furnished is to be effective as of the date of verification.

Subchapter II Affiliated Wholesale Merchant Plant Market Power

Wis. Admin. Code § PSC 100.11 Purpose {#sec-psc-100.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.11}

The purpose of this subchapter is to effectuate and implement s. 196.491 (3m), Stats., as enacted by 1997 Wis. Act 204, generally effective May 12, 1998. The rules promulgated in this subchapter establish requirements and procedures to be applied to the ownership, control, or operation of an affiliated wholesale merchant plant.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 100.12 Definitions {#sec-psc-100.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.12}

In this subchapter:

(1) “Affiliated interest” has the meaning set forth in s. 196.52 (1), Stats.

(2) “Affiliates” means the public utilities with which the applicant is affiliated and all other affiliated interests of the public utilities.

(3) “Applicant” means any affiliated interest of a public utility seeking approval under s. 196.491 (3m), Stats., to own, operate, or control a wholesale merchant plant.

(4) “Available economic capacity” means economic capacity less the amount of generating capacity reasonably necessary to serve, in commercially viable increments, the potential supplier’s native load.

(5) “DOJ guidelines” means the U.S. Department of Justice and Federal Trade Commission Horizontal Merger Guidelines, as revised April 8, 1997.

(6) “Economic capacity” means the amount of generating capacity owned or controlled by a potential supplier with variable costs low enough that energy from the capacity could be delivered to the relevant geographic market at a price no more than 5% above the pre-transaction market clearing price; less any capacity that is committed under long-term firm sales contracts; plus any capacity that is acquired under long-term firm purchase contracts, and any generating capacity that is under the operational control of a third-party but the potential supplier receives the economic benefit of the capacity. In this subsection, a long-term sales or purchase contract means a sales or purchase contract which has a remaining commitment of more than one year.

(7) “FERC Order 592” means the December 18, 1996, Federal Energy Regulatory Commission Order 592.

(8) “HHI statistic” means the Herfindahl-Hirschman Index for the market.

(9) “Market power” means the ability of a seller in the relevant geographic market to profitably maintain prices for comparable products above competitive levels for a significant period of time. Sellers with market power also may be able to reduce product quality, quantity, service, or innovation.

(10) “Native load” means load attributable to customers on whose behalf the potential supplier, by statute, franchise, or regulatory requirement, has undertaken an obligation to construct and operate its system to meet their electricity needs.

(11) “Passive investor” is any applicant whose investment the commission determines does not permit control or influence by the affiliated utility of the merchant plant and who receives no more information regarding plant operations, and who receives such information no earlier, than is publicly available to any investor. In making a determination whether an investor may exercise control or influence over a wholesale merchant plant, the commission shall consider, where applicable, such factors as the fiduciary responsibilities of the operator, manager and other investors in the wholesale merchant plant to the investor; the ability of the wholesale merchant plant to raise capital independently of the investor; the ability of the wholesale merchant plant to make investment and financing decisions independently of the investor; governance provisions; the number, identity and interests of other investors; if the investor may exert control or influence over generation rates, terms, conditions and production, including outage schedules; any services that will be provided by the investor or its employees to the wholesale merchant plant; the terms of any agreements between the investor and the wholesale merchant plant, any party managing or operating the wholesale merchant plant, any other investor or lender in the wholesale merchant plant or any purchaser of output from the plant; and any other factors which the commission deems relevant.

(a) An ownership interest of 5% or less shall be irrebuttably presumed not to create the ability to control or influence. An ownership interest of 50% or more shall be irrebuttably presumed to create the ability to control or influence. The ability of investors that loan funds to the merchant plant to control or influence shall be judged upon the terms of the loan agreements and the other factors listed above.

(b) A passive investor must undertake and propose to the commission processes for a compliance audit by the commission to ensure the independence of the decision making process of the wholesale merchant plant from the passive investor and the continued status of the investor as passive. The first compliance audit will be required 2 years after initial approval under s. 196.491 (3m), Stats., and as necessary thereafter. The compliance audit information must be submitted to the commission without any requirement for approval by the wholesale merchant plant.

(c) A passive investor must immediately report changes to the commission in the ownership, operation, management or control of the wholesale merchant plant that may affect the status of the investor as passive.

(12) “Total capacity” means the total amount of installed electric generating capacity, measured in megawatts, with respective seasonal ratings.

(13) “Wholesale merchant peaker plant” means any wholesale merchant plant anticipated to have an annual capacity factor of less than 10%.

(14) “Wholesale merchant plant” has the meaning set forth in s. 196.491 (1) (w), Stats.

Note: Copies of the DOJ guidelines and FERC Order 592 can be obtained by writing to the Public Service Commission of Wisconsin, P.O. Box 7854, Madison, WI 53707-7854. Copies are on file at the offices of the Public Service Commission of Wisconsin, the Secretary of State, and the Legislative Reference Bureau.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction made in (14) under s. 13. 92 (4) (b) 6., Stats., Register January 2014 No. 697.

Wis. Admin. Code § PSC 100.13 Approval requirements {#sec-psc-100.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.13}

(1) The commission shall grant the approval required under s. 196.491 (3m) (a), Stats., necessary for an affiliated interest of a public utility to own, operate, or control a wholesale merchant plant if pars. (a) and (b) are met.

(a) The applicant’s public utility affiliates have done any of the following:

Transferred control over their transmission facilities, as defined in s. 196.485 (1) (h), Stats., to an independent system operator, as defined in s. 196.485 (1) (d), Stats., that is approved by the federal energy regulatory commission.
Divested their interest in the transmission facilities to an independent transmission owner, as defined in s. 196.485 (1) (dm), Stats.

(b) The commission has determined that any of the following, which constitutes a finding that the ownership, control, or operation will not have a substantial anticompetitive effect on electricity markets for any classes of customers, has been met. For purposes of subds. 1. and 2., the DOJ guidelines shall be applied as if the proposed merchant plant existed in the market and was merging with the public utility or affiliate.

The ownership, operation, or control of the wholesale merchant plant will meet the appropriate horizontal market power safe harbor provisions in the DOJ guidelines and the commission has approved any contracts or agreements, as may be necessary under ss. 196.52 and 196.795, Stats., provided, however, that the commission has examined the issues in section 2 of the DOJ guidelines. An appropriate horizontal market power safe harbor exists if either an HHI statistic no higher than 1,000 or an increase in the HHI statistic of no more than 50 occurs in the market power screen analysis as a result of the operation of the affiliated wholesale merchant power plant.
The ownership, operation, or control of the wholesale merchant plant will have minimal potential for adverse competitive effects as defined in section 1.51, “General Standards” of the DOJ guidelines and the commission has approved any contracts or agreements, as may be necessary under ss. 196.52 and 196.795, Stats., provided, however, that the commission has examined the potential for adverse competitive effects as defined in section 2 of the DOJ guidelines. There is a minimal potential for adverse competitive effects when both an HHI statistic no higher than 1,800 and an increase in the HHI statistic of no more than 100 occurs in the market power screen analysis as a result of the operation of the affiliated wholesale merchant power plant.
The conditions for s. PSC 100.16 safe harbor exceptions are met and the commission has approved any contracts or agreements, as may be necessary under ss. 196.52 and 196.795, Stats. Approval of any application, based on a commission finding of safe harbor exception under s. PSC 100.16, shall be conditioned upon the continued applicability of the safe harbor conditions.

(2) The commission may approve a request by an affiliated interest of a public utility to own, operate, or control a wholesale merchant plant in which a properly constructed market power screen analysis, as set forth in s. PSC 100.15, and supporting analyses indicates a moderate or high potential for adverse competitive effects as defined in section 1.51, “General Standards” of the DOJ guidelines upon holding a public hearing at which a showing is made that the significant potential and concern for adverse competitive effects can be overcome by any of the following. The DOJ guidelines shall be applied as if the proposed merchant plant existed in the market and was merging with the public utility or affiliate:

(a) An appropriate showing of factors as set forth in sections 2, 3, and 5 of the DOJ guidelines, provided, however, that the commission has examined the potential for adverse competitive effects as defined in section 2 of the DOJ guidelines.

(b) Sufficient mitigation remedies proposed by either the applicant or other parties to the hearing which are acceptable to the commission. In conditionally approving an application, the commission shall establish any mitigation remedies as deemed in the public interest and may consider those mitigation remedies as identified in the hearing record or Appendix A Section D, “Remedy” of the FERC Order 592.

(3) The commission may include in its order granting its approval to own, control or operate a wholesale merchant plant, any reporting requirements or conditions which it deems necessary to carry out its jurisdiction under ch. 196, Stats.

(4) An applicant may request that the commission issue a declaratory ruling to determine whether the applicant’s proposed ownership, control or operation of a wholesale merchant plant will have a substantial anti-competitive effect on electricity markets for any classes of customers and whether the mitigation remedies proposed by the applicant or other parties effectively mitigate such anti-competitive effects. The application shall describe the proposed wholesale merchant plant, including the mitigation remedies, in sufficient detail to permit the commission to determine whether the proposed mitigation remedies effectively mitigate any such anti-competitive effects. The commission shall have the right to obtain any additional information or data which it deems necessary under this section. The commission shall, after notice and the opportunity for interested persons to submit comments, issue a declaratory ruling no earlier than 45 days and no later than 60 days from the date that the commission has determined that the application is complete.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 100.14 Approval procedure {#sec-psc-100.14 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.14}

(1) Application. An applicant making application for approval under s. 196.491 (3m) (a), Stats., shall file a market power screen analysis, as set forth in s. PSC 100.15, no later than the date on which it files its application for a certificate of public convenience and necessity under s. 196.491 (3) (a), Stats.

(2) Hearings on proposals to own, operate, or control a wholesale merchant plant. The commission may waive a hearing on the proposal unless any of the following occurs:

(a) A party to the proceeding, as defined in s. PSC 2.02, files a written request for a hearing, pursuant to s. 227.42, Stats., within 10 days of the issuance of a notice of investigation regarding an application of an affiliated interest to own, operate, or control a wholesale merchant plant.

(b) The applicant requests a hearing as required under s. PSC 100.13 (2) for commission approval.

(3) Approval. The commission shall approve or disapprove the applicant’s request no later than the earlier of the date it issues or denies a certificate of public convenience and necessity under s. 196.491 (3) (a), Stats., or 150 days after the commission determines that the market power screen analysis was complete. In the event the wholesale merchant plant is exempt from requiring a certificate of public convenience and necessity, the commission shall approve or disapprove the applicant’s request no later than 150 days after determining that the market power screen analysis was complete.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 100.15 Market power screen analysis {#sec-psc-100.15 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.15}

(1) Except as provided for in sub. (2), an applicant shall submit a market power screen analysis, which shall provide, at minimum, all of the following information:

(a) Relevant products. Using the principles of analysis outlined in the DOJ guidelines; the information shall identify and define all relevant electricity products sold by the applicant and its affiliates. Those relevant products which are good substitutes from the buyer’s perspective shall be grouped together. An initial grouping of wholesale products may consist of non-firm energy, short-term capacity, and long-term capacity with a contractual commitment of more than one year. However, other capacity and energy groupings reflecting developments in an evolving wholesale market are acceptable as long as the groupings are reasonable or simply mirror the state of art in product packaging. The information provided shall identify the relevant products by relevant hourly, daily, monthly, and seasonal time periods. If there are substantial variations in demand and supply of capacity or energy between time periods, then load supply and demand conditions shall be analyzed separately.

(b) Relevant geographic markets. Using the principles of analysis outlined in the DOJ guidelines, the information shall identify the relevant geographic markets which shall include each power sales customer or set of customers plausibly affected by the proposed construction. Affected customers are those entities directly interconnected to the applicant or any of its affiliates, as well as those entities that have purchased relevant electricity products from the applicant or any of its affiliates during the 2 years prior to the date of filing. Identification of relevant geographic markets shall factor in appropriate transmission capabilities and constraints. In addition, the relevant geographic markets shall include any markets formally identified by the commission or the federal energy regulatory commission.

(c) Potential suppliers. A supplier may be included in a geographic market only to the extent that it can economically and physically deliver relevant electricity products to the relevant geographic market, taking into consideration appropriate transmission capabilities, fees, rights, reservations, tariffs, and constraints. The information shall include, for the relevant geographic market, the amount of relevant electricity product a potential supplier could deliver to the relevant geographic market from owned or controlled capacity at a price, including all costs associated with making physical delivery over the electrical transmission system as well as ancillary services costs, that is no more than 5% above the pre-transaction market clearing price in the relevant geographic market. The information shall measure each potential supplier’s presence in the relevant geographic market in terms of generating capacity, using economic capacity, available economic capacity, and total capacity measures. In addition, the information shall measure, where possible, each potential supplier’s presence in the relevant geographic market in terms of electrical energy sold or expected to be sold.

(d) Market concentration. The information shall include all of the following for each relevant electricity product in the relevant geographic market, based on the generating capacity determined in par. (c):

The market share, both pre- and post-construction, for each potential supplier.
The HHI statistic for the market.
The change in the HHI statistic.

(e) Forward looking analysis. The market power screen analysis shall generally be forward looking and reflect all known, important developments with respect to electric industry restructuring, and electric generation and transmission construction or operation. The market power screen analysis shall examine the first 5 years of commercial in-service for the proposed electric generating facility and address whether applicant’s proposed ownership, control or operation of a wholesale merchant plant will have a substantial anti-competitive effect on relevant electricity markets that are reasonably anticipated to exist for any class of customers, including those with market-based rates under s. 196.192, Stats. Any such forward-looking analysis shall not preclude the commission from mitigating retail market power or otherwise addressing retail market power in the future in connection with the introduction of competition in the retail market.

(f) Historical data. The information shall include historical trade data and historical transmission data for the applicant and all of its affiliates for the two-year period preceding the filing of the application.

(g) Regulatory filings. The information shall include all material filed with the federal energy regulatory commission related to any issue of market power associated with an applicant’s proposal to own, operate, or control a wholesale merchant plant.

(h) Supplemental data or analysis. The information may include any additional data or analysis, as long as the additional information accords with the principles of market power analysis, identification, and interpretation contained in the DOJ guidelines.

(i) Source of data. In constructing the market power screen analysis, the applicant shall use the sources of data as outlined in Appendix B of FERC Order 592.

(2) An affiliated interest may forgo filing a market power screen analysis if any of the safe harbor exceptions in s. PSC 100.16 are met, or if it proposes mitigation remedies which effectively mitigate any substantial anti-competitive effect on electricity markets for any class of customer, as provided in s. PSC 100.13 (4). The applicant shall file documentation and data supporting the applicable safe harbor exemption or proposed mitigation remedies in lieu of the market power screen analysis. The applicability of the safe harbor exemption is left with the commission.

(3)

(a) The commission shall use the DOJ guidelines when measuring the extent of market power, or analyzing the potential for adverse competitive effects, of any proposal of an affiliated interest of a public utility to own, operate, or control a wholesale merchant plant, pursuant to s. 196.491 (3m), Stats. In addition, the commission may consider the extent to which timely, effective entry into the relevant wholesale generation market can mitigate market power concerns.

(b) Any market power screen analysis shall analyze concentration as if a merger of the proposed plant and the existing generation owner occurred after construction of the proposed plant, shall aggregate ownership of a public utility and all its affiliates, and shall aggregate successive construction by public utilities and their affiliates for a period covering no more than three years.

(c) The commission may waive information requirements after providing interested parties the opportunity to provide comments. In addition, the commission may require the applicant to supplement the data filed under this subchapter by submitting additional information, as needed to evaluate the market power screen analysis, applicable safe harbor exemptions, or proposed mitigation remedies.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 100.16 Bright line safe harbors {#sec-psc-100.16 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.16}

Any of the following bright line safe harbors are available to affiliated wholesale merchant plants and are subject to all provisions of ss. 196.491 (3m) (c) and 196.52, Stats.

(1) The applicant is a passive investor in the wholesale merchant plant. The applicant and its affiliates do not participate in the decisions regarding the operation of the plant.

(2) The applicant’s and its affiliates’ combined ownership interest is less than 5%.

(3) The affiliated wholesale merchant plant facility has a capacity of less than 20 megawatts. This safe harbor may be elected only once per calendar year in aggregate for all affiliated interests of a public utility, irrespective of multiple affiliated interests or combinations.

(4) The commission shall have the right to obtain any information or data which it deems necessary in order to exercise its authority under this section.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 100.17 Affiliated electric sales {#sec-psc-100.17 omnilex-key=us-wi-regs-official--agency-psc--PSC 100.17}

(1) For purposes of this subsection:

(a) “Electric sale” has the meaning set forth in s. 196.491 (3m) (c) 1. a., Stats.

(b) “Firm sale” has the meaning set forth in s. 196.491 (3m) (c) 1. b., Stats.

(2) An applicant may not make any firm sale to a public utility with which it is affiliated, if any of the following applies:

(a) The firm sale is for a period of 3 years or more.

(b) The firm sale is for a period of less than 3 years and either party to the sale has an option to extend the period to 3 or more years.

(3) The commission shall review all electric sale transactions by any affiliate to any affiliated public utility of electricity generated at a wholesale merchant plant owned, operated, or controlled by an affiliate of the purchasing public utility. Commission approval of all contracts and agreements for public utility affiliate electric sales to an affiliated public utility are required prior to initiation of sales.

(4)

(a) If at any time the commission finds that the electric sale is not in the public interest or if the commission finds that the purchasing public utility failed to provide the contract to the commission, the commission shall do at least one of the following:

Disallow the public utility’s costs related to the sales in a rate-setting proceeding.
Order the public utility to provide a refund, in an amount determined by the commission, to its customers.
Order the public utility or affiliated interest to take such action as the commission may determine is in the public interest.

(b) Except for non-routine or non-repetitive transactions, the amount of disallowance or refund that may be ordered by the commission under par. (a) 1. and 2. shall be limited to costs associated with affiliated sales made on or after the commission initiates its review.

(5) The commission may not void the sale of electricity to a public utility made under a contract or agreement approved by the commission.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Chapter PSC 102 ACCOUNTING FOR DISBURSEMENTS BY PUBLIC UTILITIES

Wis. Admin. Code § PSC 102.01 Record of disbursements {#sec-psc-102.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 102.01}

Each public utility for which a system of accounts is prescribed by this commission shall so maintain its records as to disclose full particulars concerning any disbursement, including the name of the payee and the purpose of the payment. The records shall likewise disclose the name of the person intended to be paid and the purpose of such disbursement, regardless of whether payment is made by check, cash, cashier’s check, bank draft, postal money order, property, or other means, whether paid directly to the ultimate recipient, or indirectly through an affiliated company, officer, employee, attorney, or other intermediary. The purpose of any disbursement, regardless of size, shall be shown by the records and the provisions of this order shall apply in their entirety to each disbursement in excess of $10. This chapter does not apply to a telecommunications provider, as defined in s. 196.01 (8p), Stats.

History

CR 13-025: am. Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 102.02 Penalties {#sec-psc-102.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 102.02}

Failure to conform to the provisions of this order shall be deemed cause to invoke the penalties provided by ch. 196, Stats.

Chapter PSC 103 ALLOCATION OF JOINT EXPENSES AMONG DEPARTMENTS OF CLASS A AND CLASS B UTILITIES

Wis. Admin. Code § PSC 103.01 Joint utility operations, accounting {#sec-psc-103.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 103.01}

Each utility operating more than one utility department (electric, gas, water, etc.) shall observe the general procedure set forth in this order classifying customers accounting and collecting expenses, sales expenses, and administrative and general expenses among utility departments.

Wis. Admin. Code § PSC 103.02 General {#sec-psc-103.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 103.02}

(1) Expenses directly applicable to the operations of a specific utility shall be charged to the accounts of that utility. The charges for wages and expenses of employes shall, to the extent practicable, be assigned directly based upon the actual time engaged on a particular utility department, or on the basis of a study of the time actually spent during a representative period.

(2) Expenses applicable to joint utility operations shall be charged initially to separate joint utility expense accounts unless the utility elects to apportion such expense accounts among utility departments as incurred. The apportionment or allocation of joint utility expenses thus accumulated shall be made in accordance with the general provisions set forth herein.

(3) Each utility shall include in its first annual report to the commission, following adoption of the joint expense allocation procedure set forth herein, a statement giving a full explanation of its procedure, including the weighting factors used in computing the weighted number of meters or customers used in making allocations. This statement may be referred to in annual reports of following years with any significant changes in allocation procedures being noted.

Wis. Admin. Code § PSC 103.03 Customer accounts expenses {#sec-psc-103.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 103.03}

Joint utility customers accounting and collection expenses shall be allocated among utility departments on the basis of the weighted number of customers or meters. The weighting assigned to the different classes of service should be prepared by each utility giving effect to its operating and service characteristics.

Wis. Admin. Code § PSC 103.04 Sales expenses {#sec-psc-103.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 103.04}

Joint utility sales expenses shall be allocated among utility departments on the basis of the directly assigned sales expenses; provided, however, that deviation from such procedure may be made in instances where the activities of sales personnel do not conform with the distribution of directly assignable expenses.

Note: The entire cost of sales expenses applicable to merchandising operations must be charged to account 416, costs and expenses of merchandising, jobbing, and contract work.

History

1-2-56; am. Register, February, 1961, No. 62, eff. 3-1-61.

Wis. Admin. Code § PSC 103.05 Administrative and general expenses {#sec-psc-103.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 103.05}

(1) Accounts 925, injuries and damages, and 926, employe pensions and benefits shall be apportioned on the basis of dollars of operating payroll of each utility department.

(2) The remaining joint utility administrative and general expenses shall be apportioned on the basis of the average of the ratios which the amount of the following for each department bears to the total for all departments:

History

1-2-56; am. Register, February, 1961, No. 62, eff. 3-1-61.

Chapter PSC 104 RECORDING AND REPORTING UTILITY ACCIDENTS

Wis. Admin. Code § PSC 104.01 General {#sec-psc-104.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 104.01}

(2) The requirements of ch. PSC 104 shall be observed by all public utilities, both privately and publicly owned.

(3) The manner of enforcing the rules in ch. PSC 104 is prescribed in s. 196.66, Stats., and such other means as provided in sections administered by the public service commission.

(4) The purpose of these rules is to obtain information to enable the public service commission to make rules regarding safety in supplying utility service.

History

Cr. Register, October, 1959, No. 46, eff. 11-1-59; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501, eff. 10-1-97; CR 06-046: r. (1) Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § PSC 104.02 Definitions {#sec-psc-104.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 104.02}

As used in these rules, the following words shall have the meaning hereinafter stated, unless the context clearly requires otherwise.

(1) “Accident” as used in ch. PSC 104 is any unscheduled or unforeseen event occurring upon a public utility’s premises or directly or indirectly arising from or connected with its maintenance or operation which:

(a) Results in any of the following:

A fatality.
More than 3 days’ lost time by an employee.
Personal injury to non-employe requiring hospital confinement.
Property damage or other loss to the utility or another person exceeding $500.

(b) Or results from any of the following:

A malfunction, failure or improper use of equipment owned, controlled or used by the utility, other than a telephone utility, the use, strength, or location of which is prescribed by any rule of the commission.
A malfunction, failure or improper use of any equipment referred to in subd. 1., which results in an interruption of service to the extent set forth a) in s. PSC 113.0606 for an electric utility, b) in s. PSC 134.18 for a gas utility, and c) for other utilities, except telephone utilities, an interruption of service affecting an entire distribution system of an urban area or an important division of a community.
A malfunction, failure, or improper use of equipment which results in an interruption of telephone service to all customers in any one exchange or a major portion thereof.

(2) “Person” includes, in addition to a natural person, all associations, firms, partnerships, corporations, municipal and private.

(3) The term “public utility” or “utility” is defined by s. 196.01 (5), Stats., but does not include a telecommunications utility or an alternative telecommunication utility.

Note: Alternative telecommunications utilities certified by the commission under s. 196.203, Stats., includes those certified through use of the notice procedure in s. 196.50 (2) (j) 1. a., Stats.

History

Cr. Register, October, 1959, No. 46, eff. 11-1-59; corrections in (1) (b) 2. and (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 13-025: am. (3) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 104.03 Recording of accidents {#sec-psc-104.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 104.03}

Every public utility shall keep a record of all known accidents, which record shall contain insofar as is known, a general description of the accident, the location, cause, personnel involved and injuries or damages sustained. Such record shall be made available to the commission or its agents for inspection at the utility’s principal office and reports as to individual accidents shall be supplied to the commission when requested.

History

Cr. Register, October, 1959, No. 46, eff. 11-1-59.

Wis. Admin. Code § PSC 104.04 Notification of accidents {#sec-psc-104.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 104.04}

(1) The utility shall notify the commission immediately or as soon as reasonably possible by telephone or telegraph of all fatal accidents and explosions involving property damage exceeding $1,500.

(2) The utility shall notify the commission of the failure of any principal unit of equipment which results in an interruption of service to the extent set forth in s. PSC 104.02 (1) (b) 2. and 3.; of accidents involving property loss to others in excess of $1,500; or of accidents involving loss or damage to utility property estimated to exceed $10,000. Such notification shall be given within 6 days after knowledge of such failure or accident.

(3) The utility shall notify the commission of accidents resulting in personal injuries to non-employes requiring hospital confinement. Such notification shall be given within 6 days after knowledge of such accident.

(4) The utility shall notify the commission of accidents to employees resulting in more than 3 days’ disability. Advice given promptly by the utility that notice has been given to the workers’ compensation division of the department of workforce development shall be considered compliance with this subsection.

(5) The notification shall indicate the location of the accident, its nature, the names of any injured persons and whether any such persons are employees.

(6) The utility and others are urged to notify the commission of any unusual occurrences which, because of their number or dangerous potential, indicate the desirability of corrective action.

(7) Notifications provided for in s. PSC 104.04 and reports provided for in s. PSC 104.05 shall be required only for occurrences which result from functions directly connected with the furnishing of service by a utility. Accidents arising for reasons not related to specific public utility functions and which arise out of circumstances common to general business operations require no notification or report. Such matters as motor vehicle accidents, accidents occurring on the premises of a utility or third person due to slippery floors, falls or the like, are types of situations where notification or reports are not required. The enumeration is not exclusive but is intended to be indicative of the type of case where notification or reports are not required.

History

Cr. Register, October, 1959, No. 46, eff. 11-1-59; CR 06-046: am. (4) Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § PSC 104.05 Commission procedure {#sec-psc-104.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 104.05}

(1) When a notification of an accident is received, the commission may make an investigation or request a report from the utility.

(2) If notice of an accident is received from a source other than a utility the commission may direct that an investigation be made or request the utility to investigate and report.

(3) If the commission requests a report from a utility, such report shall contain information usually gathered in the case of accident investigations plus any special information requested. Such report shall be transmitted within 6 days after the date the request is made, unless the time therefor shall be extended by the commission. The receipt of a report from a utility does not preclude the commission from making its own investigation.

(4) Every utility shall furnish a report in any specific case not covered by the above, when requested by the public service commission.

History

Cr. Register, October, 1959, No. 46, eff. 11-1-59.

Wis. Admin. Code § PSC 104.06 Status of notification and reports {#sec-psc-104.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 104.06}

(1) All utility reports furnished at the commission’s request under s. PSC 104.05 shall be considered restricted as provided for in s. 196.72 (1) (b), Stats.

(2) Information obtained by the commission or its staff as a result of its own inquiry or investigation shall be treated in the same manner as other information in the commission’s files.

History

Cr. Register, October, 1959, No. 46, eff. 11-1-59.

Chapter PSC 108 COMPETITIVE BIDDING FOR SECURITIES

Wis. Admin. Code § PSC 108.01 Securities subject to ch. PSC 108 {#sec-psc-108.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 108.01}

Each public service corporation as defined in s. 201.01 (2), Stats., offering any security, as defined in s. 201.01 (3), Stats., to be issued in accordance with ch. 201, Stats., shall invite in the manner hereinafter provided written sealed bids for the purchase of such security, except that the following securities shall be exempt from this requirement:

(1) Any capital stock offered pro rata to existing holders thereof, including any unsubscribed portion thereof purchased by others.

(2) Any security issued in exchange for an outstanding security in connection with a merger, consolidation, or reorganization of the corporation, or in a transaction approved by the commission pursuant to s. 196.80, Stats.

(3) Any debt security payable in 10 years or less after date to a commercial bank, insurance company, governmental investment board, or similar institution, not for resale to the public, provided no fee or remuneration is to be paid directly or indirectly for negotiating the loan represented by such security.

(4) Any security where the total consideration received by the issuer is less than $4,000,000.

(5) Any security for which a contract for its sale is approved by the commission under s. 196.52, Stats.

(6) Any security as to which the commission shall find upon due consideration that the sale thereof at competitive bidding should not be required in the public interest.

History

Cr. Register, December, 1964, No. 108, eff. 1-1-65; corrections in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 108.02 Public invitation of bids {#sec-psc-108.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 108.02}

(1) Each such public service corporation shall publicly invite the submission of written sealed bids to be received at a stated date, hour, and place for the purchase of the specified security. Such invitation shall be given at least 6 days prior to the opening of the bids, or for such shorter interval as the commission may approve. The invitation shall state the name and address of the person, firm, or corporation from whom information regarding the public service corporation and the proposed issue may be obtained. The duly authorized representative of any party submitting a bid shall be entitled to be present at the opening of the bids and to examine each bid submitted.

(2) Conformity with the provisions of Rule U-50 of the federal securities and exchange commission with respect to public invitation of proposals for the purchase or underwriting of securities shall be deemed compliance with the rule prescribed by ch. PSC 108.

History

Cr. Register, December, 1964, No. 108, eff. 1-1-65.

Wis. Admin. Code § PSC 108.03 Bids filed with commission {#sec-psc-108.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 108.03}

Each public service corporation shall furnish the commission, prior to the issuance of a certificate of authority to issue the securities, data setting forth each bid received and the bid it proposes to accept.

History

Cr. Register, December, 1964, No. 108, eff. 1-1-65.

Chapter PSC 109 TAX EQUIVALENT FOR MUNICIPAL UTILITIES

Wis. Admin. Code § PSC 109.01 Definitions {#sec-psc-109.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 109.01}

In this chapter

(1) “Assessment ratio” means the decimal fraction rounded to the nearest ten thousandth obtained when the assessed value of all taxable nonmanufacturing property as taken from the clerk’s statement of assessment filed with the department of revenue is divided by the value of all taxable nonmanufacturing property in the taxation district as determined by the department of revenue prior to adjustments under s. 70.57, Stats.

(2) “Gross book value for the calendar year” means the book value as of January 1 of that year.

(3) “Local and school tax rates for the calendar year” means those rates established by local authority for the same calendar year.

History

1-2-56; r. and recr. Register, September, 1983, No. 333, eff. 10-1-83; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, September, 1997, No. 501.

Wis. Admin. Code § PSC 109.02 Municipal utilities; computing tax equivalent {#sec-psc-109.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 109.02}

The maximum “tax equivalent” for any municipal utility (except a sewer utility) shall be determined by applying the local and school tax rates for the calendar year to the gross book value for the calendar year of plant plus materials and supplies multiplied by the assessment ratio for the municipality involved.

History

1-2-56; am. (intro.), r. (1), (2), (3), Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § PSC 109.03 Municipal utilities; higher tax equivalent {#sec-psc-109.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 109.03}

If a tax equivalent greater than that obtained by the method in s. PSC 109.02 is desired, the written approval of the commission must be obtained.

Wis. Admin. Code § PSC 109.04 Municipal utilities; property outside corporate limits {#sec-psc-109.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 109.04}

Property outside corporate limits should, in all cases, be excluded in computing municipal utility tax equivalent.

Wis. Admin. Code § PSC 109.05 Municipal sewer utilities; exemption from tax equivalent {#sec-psc-109.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 109.05}

No tax equivalent shall be determined for sewer utilities.

Wis. Admin. Code § PSC 109.06 Town sanitary district water utilities; exemption from tax equivalent {#sec-psc-109.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 109.06}

No tax equivalent shall be determined for town sanitary district water utilities.

History

Cr. Register, July, 1956, No. 7, eff. 8-1-56.

Chapter PSC 110 DISTRIBUTION OF WHOLESALE ELECTRIC REFUNDS

Wis. Admin. Code § PSC 110.01 Purpose {#sec-psc-110.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 110.01}

The purpose of this chapter is to set forth regulations for the distribution of wholesale refunds and other monies received from wholesale suppliers by electric utilities which purchase electricity from wholesale suppliers and sell it to retail customers.

History

Cr. Register, December, 1983, No. 336, eff. 1-1-84.

Wis. Admin. Code § PSC 110.02 Distribution of wholesale refunds {#sec-psc-110.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 110.02}

A retail electric utility which has received a refund from its wholesale supplier as a result of a reduction in rates set by a federal regulatory authority shall distribute the refund to its retail customers, including former customers, if they can be located, in the following manner:

(1) Except as provided in sub. (2), the retail electric utility shall distribute the refund on the basis of actual kilowatt-hours used by each customer during the period for which the refund is made.

(2) If the utility can show that the cost of making the refund on the basis of actual usage will substantially diminish the benefit, it may, after commission authorization, distribute the refund through an adjustment to the power cost adjustment clause. The utility shall be required to keep a file for a minimum of 2 years of sales history for the purpose of making a refund based on actual usage.

Note: The 2-year record-keeping requirement of this section does not affect any other record-keeping requirements of the PSC code.

(3) If the utility has the billing capability, it shall show as a separate item on the customer’s bill the refund dollar amount or the change in the purchased power adjustment clause level due to the refund. If the utility does not have the billing capability, it shall inform customers of the refund through bill inserts or a newspaper announcement.

(4) If through inaccurate operation or application of the power cost adjustment clause, a utility has not recovered from retail ratepayers the full amount of the increased costs which it had been temporarily charged by the wholesale supplier and which is the subject of a refund under these rules, the utility may, following commission approval, retain a portion or all of the wholesale refund to cover such costs.

History

Cr. Register, December, 1983, No. 336, eff. 1-1-84; am. (1) to (3), Register, August, 1991, No. 428, eff. 9-1-91.

Wis. Admin. Code § PSC 110.03 Distribution of other monies {#sec-psc-110.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 110.03}

A retail electric utility which has received a patronage dividend or capital credit refund from its wholesale supplier as a result of cooperative policies shall distribute the refund to its retail customers in the following manner:

(1) The utility, after commission approval, shall distribute the refund through adjustment to the power cost adjustment clause.

(2) If the utility has the billing capability, it shall show as a separate item on the customer’s bill the refund dollar amount or the change in the purchased power adjustment clause level due to the refund. If the utility does not have the billing capability, it shall inform customers of the refund through bill inserts or a newspaper announcement.

History

Cr. Register, December, 1983, No. 336, eff. 1-1-84.

Wis. Admin. Code § PSC 110.04 Notification {#sec-psc-110.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 110.04}

An electric utility shall notify the public service commission within 30 days of receipt of a refund or other monies from its wholesale supplier. The notice shall contain a proposal for distribution of the money and the date by which the distribution is proposed to be made. The money shall be distributed only after commission approval. The utility shall notify the commission as to the date the distribution was made to retail customers, and the total amount distributed.

History

Cr. Register, December, 1983, No. 336, eff. 1-1-84.

Wis. Admin. Code § PSC 110.05 Interest {#sec-psc-110.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 110.05}

Amounts refunded to customers shall include interest on the total amount received from the wholesale supplier from the date of receipt by the electric utility to the date of distribution to its retail customers. If the amount received by the electric utility was not actually invested, simple interest on the refund shall be calculated at the legal rate. Interest does not apply to patronage dividends and capital credits.

History

Cr. Register, December, 1983, No. 336, eff. 1-1-84.

Wis. Admin. Code § PSC 110.06 Intervention expenses {#sec-psc-110.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 110.06}

Costs of intervention in federal regulatory proceedings by electric utilities which purchase electricity from a wholesale supplier are normal operating expenses to be considered in a rate case. Intervention expenses shall not be deducted from wholesale refunds which are distributed to retail customers.

History

Cr. Register, December, 1983, No. 336, eff. 1-1-84.

Wis. Admin. Code § PSC 110.07 Distribution expenses {#sec-psc-110.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 110.07}

Costs of distribution of a refund to retail customers are normal operating expenses to be considered in a rate case. Distribution expenses shall not be deducted from wholesale refunds which are distributed to retail customers.

History

Cr. Register, December, 1983, No. 336, eff. 1-1-84.

Chapter PSC 111 REQUIREMENTS FOR STRATEGIC ENERGY ASSESSMENTS, CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, AND FIXED FINANCIAL PARAMETERS FOR CERTAIN RATE BASE ELECTRIC GENERATING FACILITIES

Subchapter I General

Wis. Admin. Code § PSC 111.01 Definitions {#sec-psc-111.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.01}

The definitions specified in ss. 196.01 and 196.491 (1), Stats., apply to this chapter. In addition, in this chapter:

(1) “Btu” means British thermal unit.

(2) “CO2” means carbon dioxide.

(3) “CPCN” means a certificate of public convenience and necessity issued under s. 196.491 (3), Stats.

(3g) “Commence construction” means site clearing, excavation, placement of facilities, or other substantial action adversely affecting the natural environment of the site or physical modification to equipment at the site that would not be required if the proposed project was not approved, but does not include borings necessary to determine foundation conditions or other preconstruction monitoring or surveying to establish background information related to site or environmental suitability.

(3r) “Department” means the Wisconsin department of natural resources.

(4) “Electricity provider” means any of the following:

(a) Any person who owns, operates, manages or controls, or expects to own, operate, manage or control generation larger than 5 MW in Wisconsin.

(b) Any person who provides retail electric service in Wisconsin.

(5) “FERC” means the federal energy regulatory commission.

(6) “Hg” means mercury.

(7) “kW” means kilowatt.

(8) “kWh” means kilowatt-hour.

(9) “MW” means megawatt.

(10) “Net rated capacity” means a generation facility’s maximum electrical output, in MW, net of electricity use internal to the generation facility, under the ambient conditions expected during peak demand.

(11) “N2O” means nitrous oxide.

(12) “NOx” means all oxides of nitrogen except nitrous oxide.

(13) “SEA” means strategic energy assessment.

(14) “Self-provider” means any person, other than an operator of a wholesale merchant plant, who meets all of the following:

(a) The person owns, operates, manages or controls, or expects to own, operate, manage or control generation larger than 5 MW.

(b) The person uses or will use all or a portion of the generation to satisfy the person’s own demand.

(15) “SO2” means sulfur dioxide.

(16) “Transmission provider” means any person who owns, operates or controls, or expects to own, operate or control electric transmission facilities in Wisconsin.

(17) “Wholesale electricity supplier” means any entity that is a wholesale generation and transmission cooperative or a municipal electric company under s. 66.0825, Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (17) made under s. 13.93 (2m) (b) 7., Stats., Register September 2005 No. 597; CR 07-044: cr. (3g) and (3r) Register May 2008 No. 629, eff. 6-1-08.

Wis. Admin. Code § PSC 111.03 Period covered by SEA; data; filing date {#sec-psc-111.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.03}

(1) Seven-year period encompassing the SEA.

(a) The SEA is biennial, covering 2 calendar years. All data required in subch. II, III, IV or V to be filed for the 7-year period encompassing the SEA shall cover this 2-year period, plus 5 succeeding calendar years, or fewer succeeding calendar years if a shorter time period is stated.

(b) The first SEA shall cover the period commencing January 1, 2000, and ending on December 31, 2001.

(d) The commission shall issue its draft of the SEA on or before July 1 of each even-numbered year, as required by s. 196.491 (2) (b), Stats.

(2) Historical data requirements.

(a) For the initial SEA, the data specified in ss. PSC 111.11, 111.23 and 111.41 shall also include 5 years of historical data. For subsequent SEAs, the data specified in ss. PSC 111.11, 111.23 and 111.41 shall also include 2 years of historical data.

(b) For all SEAs, the data specified in ss. PSC 111.31, 111.33, 111.35 (1) and (2) and 111.43 (4) shall also include 2 years of historical data.

(c) The 5 years of historical data for the initial SEA shall cover January 1, 1995, through December 31, 1999 and contain actual, historical data through December 31, 1998. To the extent actual data are unavailable for 1999, the initial SEA shall contain forecasted data and the forecasting worksheets.

(3) Date of filing.

(a) The initial submission of data required under this chapter shall occur no later than February 15, 2000.

(b) Subsequent submissions of data shall occur biennially, no later than September 15 of each odd-numbered year.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (1) (a), (b) and (3) (b) Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § PSC 111.05 SEA filing procedures {#sec-psc-111.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.05}

(1) Printed and electronic format. Except for the data required under s. PSC 111.35 (3), data required under subch. II, III or IV shall be in printed, tabular form and in electronic spreadsheet format. Data required under s. PSC 111.35 (3) shall be in printed, tabular form. Data required under subch. V shall be in printed, tabular form, unless specifically exempted, and in electronic spreadsheet format. If the commission provides tabular reporting or electronic format specifications, data filings shall comply with these specifications. All data filings shall be up to date and fully documented. All data filings shall indicate and provide the source of the data.

(2) Joint filings.

(a) Any electricity provider may file the data required under subch. II, III, IV or V jointly, combining its information with that of other electricity providers. Any transmission provider may file the data required under subch. V jointly, combining its information with that of other transmission providers. Except as provided in par. (b), information in joint filings may not be aggregated in a manner that obscures provider-specific data.

(b) A wholesale electricity supplier may file data that is required under subch. II, III, IV or V on behalf of one or more municipal electric utilities or cooperatives.

(3) Multi-state electricity and transmission providers.

(a) Except as provided in par. (b), electricity and transmission providers with multi-state operations may, if Wisconsin-specific information is not available, file prorated data based on an allocation of Wisconsin demand to total company system demand.

(b) Electricity and transmission providers with multi-state operations shall provide Wisconsin-specific information for all of the following:

Conservation activities, as required under s. PSC 111.35.
Forecasts of Wisconsin peak demand, as required under s. PSC 111.13.
Transmission and generation facilities located in Wisconsin or used specifically for Wisconsin purposes, as required under s. PSC 111.21 or 111.43.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 111.07 Supplemental data requests for SEA; waivers {#sec-psc-111.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.07}

Electricity providers or transmission providers shall provide additional information, as the commission may request to prepare its SEA. The commission may also waive data filing requirements under this chapter to avoid undue hardship if preparation of the SEA can still be accomplished in a timely manner.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 111.09 Confidentiality {#sec-psc-111.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.09}

The commission shall consider information submitted under this chapter to be confidential, if the provider shows that the information is competitive under s. 196.14, Stats., a trade secret under s. 19.36 (5) or 134.90, Stats., or is otherwise exempt from public records laws under subch. II of ch. 19, Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Subchapter II Assessment of Electric Demand

Wis. Admin. Code § PSC 111.11 Electric demand data {#sec-psc-111.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.11}

(1) Definitions. In this section:

(a) “Capacity purchase including reserves” means a purchase of firm electric generating capacity that has actually occurred or that is subject to an existing contract, including options to purchase or contracts subject to contingencies, and that includes all of the following terms:

A firm transmission path from source to destination.
The seller has responsibility for reserves.
The seller is obliged to supply across peak conditions with no unilateral curtailment option.
The seller will count the sale as an additional demand obligation.

(b) “Capacity sale including reserves” means a sale of firm electric generating capacity that has actually occurred or that is subject to an existing contract, including options to sell or contracts subject to contingencies, and that includes the terms specified in par. (a) 2. to 4.

(2) Factors affecting electric demand.

(a) Each electricity provider, except operators of wholesale merchant plants, shall submit all of the following data:

Monthly peak demand data for the 7-year period encompassing the SEA, including responsibility for power losses. Any loss responsibility associated with the delivery of purchased capacity shall be separately identified.
The reduction in the summer and winter peak demand, for any of the years encompassing the SEA, due to direct load control programs that allow system operators to manage customer loads.
The reduction in the summer and winter peak demand, for any of the years encompassing the SEA, due to the interruption of customer load by tariff or contract.
The effect on summer and winter peak demand, for any of the years encompassing the SEA, due to each capacity sale including reserves that affects peak demand.
The effect on summer and winter peak demand, for any of the years encompassing the SEA, due to each capacity purchase including reserves that affects peak demand. Any part of a purchase intended to compensate for transmission losses associated with delivery of the purchase shall be separately identified. For each out-of-state capacity purchase including reserves cited under this paragraph, the buyer shall demonstrate that the seller is treating its sale with the same priority as the electrical demand that the seller is legally obligated to serve.
The effect on summer and winter peak demand, for any of the years encompassing the SEA, due to any arrangements other than those specified in subds. 1. to 5., that also affect peak demand in Wisconsin.

(b) An electricity provider may aggregate information for individual arrangements less than 10 MW in its data filing under par. (a) 1., 2., 3., 4., 5. or 6.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (2) (a) 1. to 6. Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § PSC 111.13 Calculation of adjusted electric demand {#sec-psc-111.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.13}

(1) Definition. In this section, “adjusted electric demand” means peak demand including responsibility for power losses, less the effect of direct load control, interruptible load, or capacity purchases including reserves as defined in s. PSC 111.11 (1) (a), plus the effect of capacity sales including reserves as defined in s. PSC 111.11 (1) (b).

(2) Data submission. Each electricity provider, except operators of wholesale merchant plants, shall calculate adjusted electric demand for the 7-year period encompassing the SEA and submit the results to the commission. Any transmission loss responsibility associated with delivery of a particular capacity purchase including reserves, as defined in s. PSC 111.11 (1) (a), shall be separately identified. All miscellaneous demand factors that decrease peak demand shall be deductions when calculating adjusted electric demand. All miscellaneous demand factors that increase peak demand shall be additions when calculating adjusted electric demand.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (2) Register September 2005 No. 597, eff. 10-1-05.

Subchapter III Assessment of Electric Power Supply

Wis. Admin. Code § PSC 111.21 Capacity data {#sec-psc-111.21 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.21}

(1) Data about generating facilities. Each electricity provider shall submit all of the following data for any generation in the state or generation used to supply an ultimate end user in the state:

(a) A complete current inventory of its installed electric generating capacity, including all of the following:

The name and location of each facility.
The type of load of the facility, including peaking, intermediate, or base load.
The type of fuel used.
The summer and winter net rated capacity.
The operational status of the facility, as of the filing date.
Emissions of particulates, ash, SO2, NOx, CO2, N2O and Hg, per kWh of output.

(b) Summer and winter peak data on aggregate net rated capacity as of the filing date.

(c) A complete identification and description of each unit’s net rated capacity that the electricity provider intends to retire during the 7-year period encompassing the SEA, including the month and year of expected retirement.

(d) A complete identification and description of each generating addition the electricity provider proposes to commence constructing during the 7-year period encompassing the SEA, including all of the following:

The in-service date.
The location of the facility.
The type of load of the facility, including peaking, intermediate, or base load.
The type of fuel used.
The summer and winter net rated capacity.
Expected levels of emissions identified in par. (a) 6., per kWh of output.

(e) A complete identification and description of each expected capacity change at existing generating units during the 7-year period encompassing the SEA, including all of the following:

The in-service date.
The location of the facilities.
The function of the upgrade, improvement, or downgrade.
The change in summer and winter net rated capacity.
Expected changes in emissions identified in par. (a) 6., per kWh of output.

(f) A complete identification and description of each supply factor that is not covered by pars. (a) to (e), but also affects electric power supply during peak demand in Wisconsin for the 7-year period encompassing the SEA.

(2) Aggregating data on small generation facilities. An electricity provider may aggregate information for individual generating facility less than 10 MW in its data filing under sub. (1) (a), (b), (c), (d), (e) or (f).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (1) (c), (d) (intro.), (e) (intro.) and (f) Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § PSC 111.23 Capacity purchase and sale data affecting electric power supply {#sec-psc-111.23 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.23}

(1) Definitions. In this section:

(a) “Capacity purchase without reserves” means a purchase of electric generating capacity that has actually occurred or that is subject to an existing contract, including options to purchase or contracts subject to contingencies, and that includes all of the following terms:

A firm transmission path from source to destination.
The buyer has responsibility for reserves.
The seller is obliged to supply across peak conditions with no unilateral curtailment option, except for particular contingencies that are specified in the contract.
The seller will count the sale as an available capacity reduction.

(b) “Capacity sale without reserves” means a sale of electric generating capacity that has actually occurred or that is subject to an existing contract, including options to sell or contracts subject to contingencies, and that includes the terms specified in par. (a) 2. to 4.

(2) Capacity purchases or sales without reserves. Each electricity provider, except operators of wholesale merchant plants, shall submit for the 7-year period encompassing the SEA, summer and winter peak data listing all of the following data:

(a) The amount and type of each capacity purchase without reserves in Wisconsin, in net MW, including an identification of each of the following:

Whether the purchase is on a system or unit basis.
How much of the purchase, if any, is intended to compensate for transmission losses associated with delivery of the purchase.

(b) The amount and type of each capacity sale without reserves, in net MW, including an identification of whether the sale is on a system or unit basis.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (2) (intro.) Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § PSC 111.25 Calculation of electric power supply {#sec-psc-111.25 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.25}

(1) Definition. In this section, “electric power supply” means aggregate generating capacity plus capacity additions, capacity upgrades or improvements at existing units, and capacity purchases without reserves as defined in s. PSC 111.23 (1) (a), less unit retirements, capacity downgrades at existing units, and capacity sales without reserves as defined in s. PSC 111.23 (1) (b).

(2) Data submission. Each electricity provider, except operators of wholesale merchant plants, shall calculate electric power supply for the 7-year period encompassing the SEA and submit the results to the commission. Any part of a capacity purchase without reserves, as defined in s. PSC 111.23 (1) (a), that is intended to compensate for transmission losses associated with delivery of that purchase, shall be excluded from the calculation of electricity power supply. All miscellaneous supply factors that decrease supply resources shall be deducted from electric power supply. All miscellaneous supply factors that increase supply resources shall be added to electric power supply.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (2) Register September 2005 No. 597, eff. 10-1-05.

Subchapter IV Economic, Environmental, and Conservation Data

Wis. Admin. Code § PSC 111.31 Economic data {#sec-psc-111.31 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.31}

Each electricity provider, except self-providers and operators of wholesale merchant plants, shall submit all of the following economic data:

(1) Average energy production cost. The electricity provider’s average energy production cost for each type of generating unit, including nuclear, coal-fired, gas simple-cycle, gas combined-cycle, diesel and renewable units. The electricity provider shall specify the expected range of energy production cost by unit type for each year in a 3-year period encompassing the SEA and one succeeding calendar year.

(2) System dispatch cost. Upon commission request, for those days when the market energy price exceeded $250 per megawatt-hour measured exclusive of capital costs or when the market price exceeded $2,000 per megawatt-hour measured inclusive of capital costs, the electricity provider’s hourly historical system dispatch costs, computed using available electric generating capacity and those capacity purchases or sales relevant at the time.

Note: This information is needed to determine, as required by s. 196.491 (2) (a) 12. and 13., Stats., if competition is contributing to the provision of sufficient capacity and energy at a reasonable price.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (1) Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § PSC 111.33 Pollutant data {#sec-psc-111.33 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.33}

Each electricity provider shall submit, for the 7-year period encompassing the SEA, the annual average level of emissions identified in s. PSC 111.21 (1) (a) 6., per kWh of output.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § PSC 111.35 Energy conservation data {#sec-psc-111.35 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.35}

Any electricity provider, except self-providers and operators of wholesale merchant plants, that provides rate-based energy efficiency programs to Wisconsin customers directly or by contracting, shall provide all of the following energy conservation activity data and information for the 7-year period encompassing the SEA:

(1) Spending. Dollars spent on energy conservation activity affecting any Wisconsin customer.

(2) Energy and demand savings. Energy savings in kWh and demand savings in kW, excluding direct load control and interruptible load impacts specified in s. PSC 111.11 (2) (a) 2. and 3., reported for any Wisconsin customer.

(3) Energy conservation program descriptions. A comprehensive description of all planned activities to discourage inefficient and excessive power use.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (intro.) Register September 2005 No. 597, eff. 10-1-05.

Subchapter V Transmission System Operation Data

Wis. Admin. Code § PSC 111.41 Transmission system reservations data from electricity providers {#sec-psc-111.41 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.41}

For each capacity resource reported under s. PSC 111.21, delivery of which requires transmission system reservations, and for each capacity purchase reported under s. PSC 111.11 or 111.23, the electricity provider shall submit information on the transmission arrangements to be used to deliver the capacity, including all of the following:

(1) Service provider. The provider of transmission service.

(2) Period and type of service. The period and type of each transmission reservation, and any other service attributes defined by the provider of transmission service.

(3) Dates. The starting and ending dates of service.

(4) Path. The transmission path, if point-to-point service is being used.

(5) Status of request. The status of the request for transmission service.

(6) Size of reservation. The size of the transmission service reservation, in MW.

(7) Losses. Amount of incremental losses associated with transmission service, as determined by the transmission provider.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § PSC 111.43 Data from transmission providers {#sec-psc-111.43 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.43}

Each transmission provider shall submit all of the following data, except that if the data have been previously filed with the commission, the transmission provider may identify the applicable filing instead of providing duplicate data:

(1) New high-voltage transmission lines. A complete description of each high-voltage transmission line that the transmission provider intends to own in whole or in part, on which construction is planned to commence within 7 years, including all of the following:

(a) Endpoints of the line.

(b) Proposed corridors.

(d) Nominal voltage of construction class.

(e) Needed substation modifications.

(f) Estimated cost.

(2) Plans for preserving transmission adequacy.

(a) In this subsection, “long-term” study excludes all of the following:

Routine, commercial transfer capability and operations studies.
Customer-specific transmission studies.

(b) The results and assumptions of each long-term study undertaken by transmission providers, jointly or individually, within the past 2 years or subsequent to the data filing for the last SEA, that examines future transmission transfer capabilities across boundaries of reliability council regions, subregions, or control areas or across the borders of Wisconsin. The results and assumptions of each long-term study about the effect of transmission system reinforcement on transfer capability shall be included in the data submitted under this paragraph.

(c) A complete FERC Form 715 for each of the most recent 2 years available, and any documents or data cited on Form 715 that are not published by the Wisconsin commission.

(d) The results and assumptions of each long-term, local load serving study the transmission provider used to establish the need for the high-voltage transmission lines described in sub. (1), including all discussions of project need and alternatives that may be part of the study.

(3) Power flow cases.

(a) For each of the 7 years encompassing the SEA, the most recent power flow base case undertaken by the reliability council in which the transmission provider is located, for each of the following conditions:

Summer peak.
Winter peak.
Off-peak.

(b) The base cases in par. (a) need only be submitted if the commission requests that they be filed.

(4) Use of the transmission system. If the transmission provider charges a tariffed amount for use of its transmission system, monthly data, for the 7-year period encompassing the SEA, on total transfer capability, available transfer capability and confirmed reservations for the use of the transmission system. Total transfer capability and available transfer capability shall be calculated in accordance with the provider’s obligations, under 18 CFR Part 37, to calculate these values. Reservation data under this subsection shall concern only those reservations that are firm and of monthly duration or longer. Data shall include any transmission margins applied in the calculation of available transfer capability and any other use of the transmission system relevant to the calculation of monthly available transfer capability, including use by the transmission provider to meet existing commitments.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 03-086: am. (1) (intro.), (3) (a) (intro.) and (4) Register September 2005 No. 597, eff. 10-1-05.

Subchapter VI CPCN Applications

Wis. Admin. Code § PSC 111.51 CPCN applications for facilities – general {#sec-psc-111.51 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.51}

(1) Commencement of construction. Construction on a facility may not commence until the commission issues a CPCN for the facility.

(2) Actions before filing a CPCN application. Before filing an engineering plan for a large electric generating facility or a detailed project plan for a high-voltage transmission line, as defined in s. 196.491 (3) (b), Stats., the applicant shall do all of the following:

(a) Notify the department and the commission of its intent to apply for a CPCN.

(b) Consult with commission staff, in cooperation with staff from the department, on the scope of the proposed project, the alternatives that must be considered in the application, and additional information that the commission may require as part of the CPCN application.

(3) Copies of the application. The applicant shall file 10 copies of its CPCN application. The applicant shall promptly provide additional copies as may be requested by the commission.

(4) Completeness determination and distribution of application.

(a) The commission shall notify an applicant of whether its CPCN application is complete within 30 days of its filing. If the commission does not notify an applicant within 30 days then the application shall be considered complete. An applicant may supplement and refile an incomplete CPCN application.

(b)

Within 10 days after a CPCN application has been filed, the commission shall send an electronic copy of the application to the clerk of each municipality and town in which the proposed facility is to be located and to the main public library in each county in which the proposed facility is to be located. A statement shall be included on the initial page of the electronic document explaining that this is an initial application, that it is likely to be changed, and that updates may be obtained from the applicant that filed the application or the commission’s website (psc.wi.gov).
As soon as is practicable, but no more than 30 days after the commission has determined that a CPCN application is complete, the commission shall send an electronic copy of the complete application to the clerk of each municipality and town in which the proposed facility is to be located and to the main public library in each county in which the proposed facility is to be located.
The commission may fulfill subds. 1. and 2. by directing the applicant to send copies of the complete application to the locations identified in those subdivisions.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 07-044: am. (2) (intro.) and (b), cr. (4) Register May 2008 No. 629, eff. 6-1-08; CR 13-101: am. (4) (b) 2. Register June 2014 No. 702, eff. 7-1-14.

Wis. Admin. Code § PSC 111.53 CPCN applications for large electric generating facilities {#sec-psc-111.53 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.53}

(1) Contents of a CPCN application. Except as provided in sub. (2), a CPCN application for a large electric generating facility is not complete until the applicant has filed all of the following information with the commission:

(a) The operating characteristics of the proposed facility, including all of the following:

The number of generating units to be included in the facility.
A description of each generating unit, including type, size, and fuel.
The expected hours of operation and lifetime of the facility.
The names and addresses of owners and investors and the percent of ownership.
The fuel source and availability. If the facility uses fossil fuel, the fuel’s heating value and chemical analysis, the type of transportation to be used, and the approximate capacity of on-site storage shall be provided.
The facility’s estimated capacity factors, for each generating unit, and the basis for the estimates.
The estimated rate of discharge of pollutants for appropriate time intervals, as related to applicable regulatory standards.
The heat rates over the range of operating capacity for each generating unit.

(b) The need for the proposed facility in terms of demand and energy.

The estimated capital cost of the generating facility and all related facilities, broken down by major plant accounts. All cost escalation factors used in the estimate shall be identified.
The projected unit fuel cost, in cents per million Btu, both for the first year of operation and levelized in nominal terms over the life of the unit or facility. All cost escalation factors used in the estimate shall be identified.
The estimated annual production cost, calculated as operating, maintenance and fuel costs for the first year of operation and levelized in nominal terms over the life of the facility. All cost escalation factors used and other significant supporting data shall be included.
The estimated annual total cost, calculated as capital and production costs for the first year of operation, in mills per net kWh generated, and levelized in nominal terms over the life of the facility. All cost escalation factors used and other significant supporting data shall be included.
The estimated useful life of facility, based on depreciation rates established by the commission.

(d) The alternative sources of supply considered, including information about all of the following alternatives:

Energy conservation and efficiency.
Any alternative whose energy source has a higher priority ranking under s. 1.12 (4) (b) to (d), Stats., than the fuel proposed to used for the facility.
For any facility that will use a combustible energy resource but not provide cogeneration, an explanation regarding why cogeneration is not feasible.
Purchased power.

(e) A description of the alternatives considered, a description of the siting process, and a list of the factors considered in choosing and ranking the alternatives.

(em) Information demonstrating how brownfields, as defined in s. 238.13 (1) (a), Stats., and interpreted by the commission, were considered as site alternatives.

(f) Except as provided in sub. (2) (b), site-related information for each of two proposed power plant sites, including all of the following:

The regulatory approvals required for construction and operation of the facility.
The construction schedule and timeline, showing construction activities and permitting expectations from the beginning of construction to the in-service date.
The availability of transportation for fuel delivery and requirements for gas pipeline construction. If a certificate of authority under s. 196.49, Stats., is required to construct the gas pipeline, the location, termini, length in miles, size of pipe, and pressure.
Any required transmission line construction, agreements for use of the transmission system to deliver plant power, transmission losses, and effects on system reliability. If a certificate of authority under s. 196.49, Stats., is required to construct the transmission line, the location of termini, length in miles, and voltage for each transmission line.
Other auxiliary facilities, including fuel storage and water storage.
Natural resources at each site, including all of the following:

a. Air quality.

b. General soil associations.

c. Geology, noting active mines and quarries.

d. Water, including wetlands, rivers, streams and groundwater.

e. Vegetative cover, including wildlife habitat.

f. Endangered, threatened, and special-concern species and communities.

Community-related information, including all of the following:

a. Site history.

b. Existing and proposed land uses at the sites.

c. Local infrastructure, including sewer, water, police, and fire protection.

d. Historical and archeological sites.

e. Potential health impacts.

f. Secondary impacts, including effects on revenue, jobs, and development.

g. Visual and noise impact.

Aesthetics.
If a CPCN is needed for construction of transmission lines as part of this application, the required information under s. PSC 111.55.

(g) Any additional information the commission may request, including information necessary for it to make the determinations listed in s. 196.491 (3) (d), Stats., or to prepare an environmental assessment or an environmental impact statement under s. 1.11, Stats.

(2) Exceptions to filing requirements.

(a) An application for a wholesale merchant plant need not include the information identified in sub. (1) (b) to (d). In addition, an application for a wholesale merchant plant that will be owned, controlled, or operated by an affiliated interest of a public utility, shall include any additional information required by the commission in order to make a determination under s. 196.491 (3m) (a), Stats.

(b) Based on the pre-application consultation required under s. PSC 111.51 (2) (b), an application for a generation facility may include the detailed information listed under sub. (1) (f) for only one site if none of the needed infrastructure improvements would constitute a major action significantly affecting the quality of the human environment under s. 1.11 (2) (c), Stats., and the application is for any of the following:

Construction of a cogeneration facility located at the steam host’s existing industrial plant, if the cogeneration facility will be a qualifying facility under 18 CFR 292.205.
Modifying, rebuilding, replacing or repowering, as defined under s. 79.005 (4), Stats., an existing generating facility at its current location.
Construction of a generating facility proposed to be located on an existing brownfield site, as defined in s. 238.13 (1) (a), Stats., and interpreted by the commission, or on the site of a former or existing large electric generating facility.

Note: See sub. (1) (e) concerning information that must be included about both the site in sub. (2) (b) and any alternatives.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 07-044: am. (1) (e) and (f) (intro.), cr (1) (em), (2) (b) 1. and 3., renum. (2) (b) 1. to be (2) (b) (intro.) and am., r. and recr. (2) (b) 2. Register May 2008 No. 629, eff. 6-1-08; correction to (1) (em), (2) (b) 3. made under s. 13.92 (4) (b) 7., Stat., Register January 2012 No. 673; correction in (1) (em), (2) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register June 2025 No. 834.

Wis. Admin. Code § PSC 111.55 CPCN applications for high-voltage transmission lines {#sec-psc-111.55 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.55}

A CPCN application for a high-voltage transmission line is not complete until the applicant has filed all of the following information with the commission:

(1) Need. The need for the proposed project, including all planning criteria, assumptions, historical outage data, stability, and power-flow studies that address need.

(2) Design. The physical design characteristics, including structure type, design span length, conductor size and type, foundation type, operating voltage, and feasibility of future increases in operating voltage.

(3) Basis for design selection. The basis for selection of physical design characteristics.

(4) EMF levels. The estimated magnetic field levels.

(5) Substation design. The substation design or modifications to existing substations.

(6) Owners and investors. The names and addresses of owners and investors, and percent of ownership.

(7) Construction schedule and approvals. The construction schedule and required regulatory approvals.

(8) Additional information. Any additional information the commission may request, including information necessary for it to make the determinations listed in s. 196.491 (3) (d), Stats., or to prepare an environmental assessment or environmental impact statement under s. 1.11, Stats.

(9) Tariff filings. Whether an open-access tariff has been filed with the FERC.

(10) Proposed routes. Except as otherwise submitted under this section, proposed routes and the pertinent factors considered in choosing them, including engineering, economic, safety, reliability and environmental considerations. All of the following information shall be filed for each of the proposed routes:

(a) Estimated construction cost and assumptions.

(b) Geology.

(d) General soil associations.

(e) Water resources, including wetlands, lakes, rivers, and streams.

(f) Vegetative cover, including wildlife habitat.

(g) Endangered, threatened, and special concern species and communities.

(h) Existing and proposed land uses along the routes.

(i) Land in public ownership.

(j) Areas of residential concentration.

(k) Active mines and quarries.

(L) Communication towers, VHF omnidirectional range plus tactical air navigation (VORTAC) stations, and airports.

(m) Wild rivers, scenic rivers, and scenic roads.

(n) Historical and archeological sites.

(o) Designated natural areas.

(p) Opportunities for corridor sharing.

(q) Information demonstrating how the transmission line siting priorities in s. 1.12 (6), Stats., were considered.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 07-044: am. (10) (intro.), cr. (10) (q) Register May 2008 No. 629, eff. 6-1-08.

Wis. Admin. Code § PSC 111.56 Expedited review {#sec-psc-111.56 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.56}

An applicant requesting expedited review of a high voltage transmission line application under s. 196.491 (3b), Stats., shall include all of the following in its application:

(1) All the information required under s. PSC 111.55, except that the detailed information required under s. PSC 111.55 (10) is required only for the route the applicant proposes to construct.

(2) Information and documentation describing in detail why the application should receive expedited review.

History

CR 07-044: cr. Register May 2008 No. 629, eff. 6-1-08.

Subchapter VII Fixed Financial Parameter Applications

Wis. Admin. Code § PSC 111.61 Purpose {#sec-psc-111.61 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.61}

The purpose of this subchapter is to implement s. 196.371, Stats.

History

CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

Wis. Admin. Code § PSC 111.62 Applicability {#sec-psc-111.62 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.62}

(1) A public utility may apply for an order fixing financial parameters under s. 196.371, Stats.

(2) An electric generating facility proposed to be constructed by a public utility cannot qualify for fixed financial parameters unless the public utility submits an application for fixed financial parameters before or simultaneously with the application for a certificate, as defined in s. 196.371 (1), Stats.

(3) An electric generating facility proposed to be purchased by a public utility cannot qualify for fixed financial parameters unless the public utility submits an application for fixed financial parameters before or simultaneously with the application for authority to purchase the electric generating facility.

History

CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

Wis. Admin. Code § PSC 111.63 Information required {#sec-psc-111.63 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.63}

A public utility desiring fixed financial parameters shall provide all of the following information in its application:

(1) The economic useful life of the facility, including technology type and commercial operation date.

(2) The proposed return on equity and rate of return for the facility, including supporting materials such as relevant studies or testimony.

(3) The proposed capital structure and financing mechanism for the facility.

(4) The capital cost of the facility. For a purchased facility, the capital costs shall include the purchase price and the cost of any modifications or improvements to the facility that are necessary at time of the purchase.

(5) The proposed method for determining the costs that may be recovered in rates.

(6) Any other proposals or information regarding the recovery of the costs that the public utility determines are necessary for providing certainty to the public utility, investors and ratepayers in future rate-making proceedings.

(7) The cost of debt plus issuance costs, and related credit ratings for any short-term or long-term project financing which may already have occurred.

(8) Any other information that may be required by the commission.

History

CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

Wis. Admin. Code § PSC 111.64 Procedure {#sec-psc-111.64 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.64}

The hearing on an application for fixed financial parameters shall be held in conjunction with the review of the application for a certificate, as defined in s. 196.371 (1), Stats., and, if applicable, in conjunction with any affiliated interest approval.

History

CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

Wis. Admin. Code § PSC 111.65 Order {#sec-psc-111.65 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.65}

The commission may issue an order authorizing fixed financial parameters if the commission determines that the order will provide a sufficient degree of certainty to the public utility, investors, and ratepayers with respect to future recovery of the facility’s capital costs and that the order is otherwise in the public interest. In making the determination, the commission shall consider the return on equity, rate of return and capital structure appropriate to maintain the financial integrity of the public utility and shall consider the total cost of the proposed financing mechanism, compared to alternative financing options.

History

CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

Subchapter VIII Pre-Construction Notices

Wis. Admin. Code § PSC 111.71 Notification of additional work areas {#sec-psc-111.71 omnilex-key=us-wi-regs-official--agency-psc--PSC 111.71}

After the commission has issued a CPCN under s. 196.491, Stats., the applicant shall, before establishing any lay down area, staging area or access route that was not identified and described in the project application, notify the commission of the location of the lay down area, staging area or access route, and demonstrate that the use of the lay down area, staging area or access route will not affect any threatened or endangered species, historic resources, wetlands, waterways or other sensitive resources.

History

CR 07-044: cr. Register May 2008 No. 629, eff. 6-1-08.

Chapter PSC 112 CONSTRUCTION BY ELECTRIC PUBLIC UTILITIES AND EXTENSIONS OF ELECTRIC SERVICE

Wis. Admin. Code § PSC 112.01 Application of rules {#sec-psc-112.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.01}

(1) This chapter applies to proposed construction by any electric public utility, as defined in s. 196.01, Stats.

Note: Additional requirements relating to certificates for proposed large or bulk electric generating facilities of 12,000 kW or more nominal capacity, or a high-voltage transmission line with associated facilities exceeding one mile in length designed for operation at 100 kV or more, are included in ss. PSC 111.41 to 111.43.

(2) Section PSC 112.08 applies to electric public utilities as defined in s. 196.01 (5), Stats., and to electric cooperative associations.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 112.02 Definitions {#sec-psc-112.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.02}

In this chapter:

(1) “Begin construction” means site clearing, excavation, placement of facilities, or any other substantial action adversely affecting the natural environment of the site or physical modification to equipment at the site which would not be required if the proposed project was not approved, but does not include borings necessary to determine foundation conditions or other preconstruction monitoring or surveying to establish background information related to site or environmental suitability.

(2) “Commission” means the public service commission.

(3) “Distribution system” means electric lines and associated facilities, designed and operated at less than 40 kV, that deliver power to customers.

(4) “Gross cost” means the total expenditures required to accomplish the purpose of the project. “Gross cost” does not include any credit for the value of salvaged facilities, but does include:

(a) The cost of any removals or demolition of existing structures which may be required.

(b) Peripheral construction such as relaying or switching facilities made necessary at other system substations or terminations remote from the project area itself.

(c) Related operating and maintenance charges for building remodeling projects and replacements and modifications at generating plants.

(5) “kV” means kilovolt, or 1,000 volts.

(6) “kW” means kilowatt, or 1,000 watts.

(7) “Municipality” means a town, village, city, or county.

(8) “Transmission line” means an electric line, designed and operated at 40 kV or higher voltage.

(9) “Transmission system” means electric lines and associated facilities, designed and operated at 40 kV or higher voltage, that transmit power from generating plants to and between distribution systems.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95; CR 07-044: am. (1) Register May 2008 No. 629, eff. 6-1-08.

Wis. Admin. Code § PSC 112.03 New service in a municipality {#sec-psc-112.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.03}

No electric utility may begin construction, install or place in operation any physical facilities for furnishing retail electric service in a municipality in which the utility has not rendered retail electric service, without the commission’s prior approval under s. PSC 112.07.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95.

Wis. Admin. Code § PSC 112.04 Interconnection projects {#sec-psc-112.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.04}

No electric utility may begin construction, install or place in operation an initial interconnection with the transmission system of another electric utility, with which it has no existing transmission interconnections, without the commission’s prior approval under s. PSC 112.07. Any subsequent interconnection by mutual agreement with the same electric utility does not require commission approval except as provided in s. PSC 112.05. The electric utility shall, however, report each subsequent interconnection to the commission at least 90 days before it begins construction. The report shall include a description of the project, its location, the estimated gross cost, and a discussion of the need. Electric utilities may, without commission authorization, establish temporary or emergency interconnections between their systems by mutual agreement, but shall promptly report such interconnections to the commission within 10 days of the date established and the date discontinued.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95.

Wis. Admin. Code § PSC 112.05 Construction of electric utility facilities {#sec-psc-112.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.05}

(1) No electric utility may begin construction, install or place in operation any of the following facilities whose estimated gross cost exceeds the applicable amount specified in sub. (3), without prior commission approval under s. PSC 112.07:

(a) A generating plant or unit.

(b) A replacement, modification or addition at a generating plant. This paragraph applies to projects or combinations of projects where the same replacement, modification or addition is known to be required at more than one unit at the same plant over a reasonably short period of time and the total cost of the combined work exceeds the applicable amount specified in sub. (3). This paragraph also applies to the initial construction of major new waste disposal facilities for the plant, even if not located at or adjacent to the existing plant site. This paragraph does not apply to replacements, modifications or repairs to a hydroelectric dam or related civil works to comply with dam safety or similar regulatory requirements, if the capacity or operation of the generating facilities is not significantly changed.

(c) A project for constructing or rebuilding a transmission line, including necessary terminations and related new substation or substation additions. This paragraph does not apply to the relocation or modification of a segment of an existing transmission line, if the utility is ordered to relocate or modify the line to accommodate highway or airport construction, nor to the reconstruction or restoration of a segment of an existing transmission line made necessary by storm damage.

(d) A new substation or switching station.

(e) An addition to or replacement at an existing substation or switching station.

(f) A distribution system extension, conversion to a higher voltage or conversion from overhead to underground construction.

(g) A new building or any addition to or remodeling of an existing building. This paragraph applies to the purchase of an existing building by a utility for conversion to utility use.

(1m)

(a) No public utility may begin a project to construct or rebuild a transmission line whose length exceeds 10 miles and whose cost is less than the applicable amount specified in sub. (3) without first filing a report under par. (b) and securing commission approval under par. (c). The report and commission approval are not required for projects entirely within existing electric utility transmission line right of way.

(b) The utility shall file the report required under this subsection at least 90 days before it intends to begin construction or rebuilding. The report shall include a description of the project, its location and proposed route or routes, the estimated cost and a discussion of the need for the project.

Approve the project by acknowledging, in writing, receipt of the report and accepting it for filing.
Direct, in writing, that the project shall not proceed until specific approval is granted under s. 196.49, Stats.
Approve the project by taking no action within 90 days of receiving the utility’s written report.

(d) This subsection does not apply to a project that requires a certificate of public convenience and necessity under s. 196.491 (3), Stats.

(2) A Wisconsin electric utility proposing to construct, install or place in operation any of the utility facilities listed in sub. (1) in another state in which it serves shall notify the commission at least 60 days before beginning construction. The notification shall include a description of the project, its location, the estimated cost, a discussion of need, permits or approvals required by the other state or local governments, and the approximate jurisdictional allocation of the cost between Wisconsin and the other state. Notwithstanding sub. (3), if a significant portion of the cost of the project will be allocated to Wisconsin for ratemaking purposes, the commission may require that the utility submit an application under s. PSC 112.06, for commission authorization prior to construction, installation or operation.

(3)

(a) Cost thresholds for projects requiring commission review and approval under this section are those specified in s. 196.49 (5g) (ar), Stats., as revised under par. (b).

(b) Beginning on May 1, 2014, and on May 1 of each successive even-numbered year thereafter, the commission shall adjust the cost thresholds in s. 196.49 (5g) (ar), Stats., to reflect changes to the cost of electric utility construction based on the cost index numbers published in the “Handy-Whitman Index of Public Utility Construction Costs, Cost Trends of Electric Utility Construction — North Central Region for Total Transmission Plant”.

(c) The commission shall notify all electric utilities of the resulting adjusted cost limits by May 15 of each even-numbered year and shall publicize the adjusted cost limits on the commission’s website. If the Handy-Whitman Index is no longer available, an equivalent successor index may be used which is generally recognized by the electric industry and acceptable to the commission.

Note: The commission maintains or has access to the Handy-Whitman Index of Public Utility Construction Costs and this reference or a copy may be reviewed by contacting the commission’s offices.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95; am. (1m) (a), (2) and (3), Register, October, 1998, No. 514, eff. 11-1-98; CR 14-053: renum. (3) (a) (intro.) to (3) (a) and am., r. (3) (a) 1. to 3., am. (3) (b), cr. (3) (c) Register April 2015 No. 712, eff. 5-1-15; correction in (3) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

Wis. Admin. Code § PSC 112.06 Applications for commission authorization {#sec-psc-112.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.06}

(1) Prior to filing an application. Before filing an application for commission authorization under s. 196.49, Stats., the applicant shall do all of the following:

(a) Notify the department and the commission of its intent to seek commission authorization.

(1m) An electric utility seeking authorization from the commission for a project under s. PSC 112.03, 112.04 or 112.05 shall submit an application to the commission including all of the following, where applicable:

Note: Section PSC 111.53 prescribes the contents of an application for commission approval to construct, install or place in operation a bulk or large electric generating facility and s. PSC 111.55 prescribes the contents of an application for commission approval to construct, install or place in operation a high-voltage transmission line, including related substation construction.

(a) A description of the project, including:

Facility design, size, capacity and voltage.
Line design, size and material.
Line length and right-of-way width required.
The size of the plant’s or site’s developed area.
The approximate construction schedule.

(b) The gross cost and proposed method of financing the project.

(d) The effect of the project on cost of operation and on the quality and reliability of service.

(e) A description of and the cost of any property being replaced.

(f) A description of and the gross cost of alternative methods, locations or routes which the electric utility considered for accomplishing the purpose of the project with a statement of the reasons for rejecting these alternatives.

(g) Environmental information including, where applicable:

A map or drawing of the affected part of the existing electric system clearly showing the location of the proposed sites or routes of the proposed facilities and any alternate sites or routes considered.
The proximity to designated flood plains or flood prone areas.
For facilities that produce magnetic fields, including lines and substations, estimates of magnetic field strengths near the facility and the proximity of the site or route to nearby residences, work places, hospitals, nursing homes, schools, day care centers, parks and playgrounds.
Information concerning applicable environmental factors for affected lands, such as land use or zoning, forest lands, rivers, streams, wetlands, endangered or threatened species and historical or archaeological resources.
A listing of permits or approvals required by other units of government.
Any other environmental screening information that the commission staff requests.

(h) For building projects, information on energy efficiency or conservation features, including:

The whole building heat loss in Btu/square foot of the building envelope.
The type and R-value of insulating material used for walls, ceilings, roofs, doors and windows.
The type of heating and cooling system selected and the annual end-use energy estimate in Btu/square foot/year for space heating, space cooling, and any process use.
The type and source of fuel or fuels selected.
The type of lighting system selected and the annual end-use energy estimate for lighting.

(i) A designation of public utilities, municipalities, cooperative associations and others principally affected by the project and a statement as to which, if any, the applicant has notified.

(j) Any other information necessary to understand the project or information requested by the commission staff.

(2) The applicant shall file an original and 2 copies of each application. If the commission notifies the applicant that additional copies are required, the applicant shall promptly furnish them. If the original filing contains special material, such as commercial maps and aerial photographs, any required additional copies of the application may contain photocopies or other reproductions of these special materials.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95; CR 07-044: renum. (1) to be (1m), cr. (1) Register May 2008 No. 629, eff. 6-1-08.

Wis. Admin. Code § PSC 112.07 Processing of applications by the commission {#sec-psc-112.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.07}

(1) If upon consideration of the application, together with any supplemental information and objections, the commission finds that the public convenience and necessity require the project as proposed and the project complies with s. 196.49 (3) (b), Stats., the commission may authorize the project without public hearing but with modifications and conditions it considers necessary.

(2) Except as provided in sub. (1), the commission shall hold a public hearing on the application and grant or deny the application, in whole or in part, subject to any conditions the commission finds are necessary to protect the public interest or promote the public convenience and necessity.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95.

Wis. Admin. Code § PSC 112.073 Notification of additional work areas {#sec-psc-112.073 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.073}

After the commission has issued an authorization under s. 196.49, Stats., the applicant shall, before establishing any lay down area, staging area or access route that was not identified and described in the project application, notify the commission of the location of the lay down area, staging area or access route, and demonstrate that the use of the lay down area, staging area or access route will not affect any threatened or endangered species, historic resources, wetlands, waterways or other sensitive resources.

History

CR 07-044: cr. Register May 2008 No. 629, eff. 6-1-08.

Wis. Admin. Code § PSC 112.075 Emergency work {#sec-psc-112.075 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.075}

In case of emergency, an electric utility may begin necessary work without complying with ss. PSC 112.06 and 112.07. The utility shall do all of the following:

(1) Notify the commission of its actions within 48 hours of commencement of the work.

(2) Furnish the commission the information required under s. PSC 112.06 within 30 days of commencement of the work.

History

CR 07-044: cr. Register May 2008 No. 629, eff. 6-1-08.

Wis. Admin. Code § PSC 112.08 Extensions of electric service under s. 196.495, Stats {#sec-psc-112.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 112.08}

(1) In addition to any other conditions established by law or commission order, the measurement of an extension’s length under s. 196.495 (1) (b), Stats., shall be from an existing local service distribution line that is, or has been, actually used in rendering local service to a customer. A street light or security light is not a principal building or facility under s. 196.495 (1) (b), Stats.

(2) The commission shall enforce any written territorial agreement filed by 2 utilities, a utility and a cooperative association, or 2 cooperative associations to avoid duplication of facilities, if:

(a) The agreement governs the extension of electric distribution lines and the right to serve customers; and

(b) The commission has approved the agreement as being in the public interest.

History

Cr. Register, November, 1995, No. 479, eff. 12-1-95.

Chapter PSC 113 SERVICE RULES FOR ELECTRICAL UTILITIES

Subchapter I General

Wis. Admin. Code § PSC 113.01 Application of rules {#sec-psc-113.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.01}

(1) All public utilities, whether privately or municipally owned or operated, in respect to the supply of electric energy and provision of electric service in this state, shall comply with and conform to rules set forth in this order except insofar as exception may be made by order of the commission as hereinafter mentioned.

(2) Nothing in this chapter of the Wisconsin Administrative Code shall preclude special and individual consideration being given to exceptional or unusual situations and upon due investigation of the facts and circumstances therein involved, the adoption of requirements as to individual utilities or services which shall be lesser, greater, other, or different than those provided in said rules.

(3) Nothing in this chapter shall prevent imposition of sanctions, fines, forfeitures, penalties or damages under more than one section of this chapter or ch. 196, Stats., or other statutes, for the same incident or occurrence.

(4) The manner of enforcing the rules in ch. PSC 113 is prescribed in s. 196.66, Stats. and such other means as provided in statutory sections administered by the public service commission.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.012 Definitions {#sec-psc-113.012 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.012}

In this chapter:

(1) “Ability to pay” means a customer’s financial capacity to meet his or her utility service obligation, considering all of the following factors:

(a) Size of the delinquent account.

(b) Customer’s payment history.

(d) Reasons why the debt has been outstanding.

(e) Any other relevant factors concerning the customer’s circumstances, as household size, income and expenses.

(2) “Complaint” means a statement or question by any person whether a utility customer or not, concerning a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action, or failure of a utility to meet a utility obligation.

(3) “Customer” means the party billed for payment of bills issued for use of utility service at a given premises.

(4) “Customer-requested termination” means that the customer or occupant has asked the utility to cease providing utility service to a premises.

(5) “Denied or refused service” means that a utility has refused to provide present or future service to a customer, occupant or premises.

(6) “Disconnection” means preventing a specific customer from receiving electrical power through a specific action taken by the utility or its agents. This does not include temporary outages for maintenance purposes, storms, or other unplanned outages, or a customer-requested termination of service. “Disconnection” includes but is not limited to: the removal or sealing of an electric meter, severance of the connection between the distribution system and the service facilities or the customer’s internal wiring, or the transmission of an electronic signal to the metering equipment which would deactivate the meter and prevent the flow of electrical current.

(6m) “Potential power line natural hazards” means trees or tree parts located in or reasonably proximate to a utility distribution or transmission line easement that are likely to interfere with the utility’s operations, including distribution or transmission lines, within the utility’s next maintenance cycle.

(7) “Installment payment agreement” means an arrangement between a utility and a commercial or farm customer for payment of a deposit in installments.

(7m) “Jointly-metered property” means a premises where electric service is measured jointly for 2 or more rental dwelling units, pursuant to s. 196.643 (2), Stats.

(7n) “Low-income customer” means a customer whose household income is at or below the federal poverty income guidelines for eligibility for federal energy assistance.

(8) “New residential customer” means a customer who has not received utility service in his or her name during the previous 6 months from the utility from which service is requested.

(9) “Occupant” means the resident or residents of a premises to which utility service is provided.

(10) “Prompt payment” means payment prior to the time when a utility could issue a notice of disconnection for nonpayment of an amount not in dispute.

(11) “Protective service emergency” means a threat to the health or safety of a resident because of the infirmities of aging, other developmental or intellectual disabilities, or like infirmities incurred at any age, or the frailties associated with being very young.

(12) “Voucher agreement” means a payment agreement guaranteed by a third party who has access to or control over the benefits and/or finances of a public assistance recipient. Included without limitation are:

(a) Wisconsin Works (W-2) or Temporary Assistance to Needy Families (TANF) restrictive payment arrangements.

(b) Social Security Representative Payee.

(d) Legal guardian.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; 2019 Wis. Act 1: am. (11) Register May 2019 No. 761, eff. 6-1-19.

Subchapter II Miscellaneous Service Requirements

Wis. Admin. Code § PSC 113.0201 General requirement {#sec-psc-113.0201 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0201}

Every utility shall furnish reasonably adequate service and facilities at the rates filed with the commission and subject to these rules and the rules of the utility applicable thereto and not otherwise. The energy shall be generated, transmitted, converted and distributed by the utility and utilized, whether by the utility or the customer, in such manner as to obviate so far as reasonably practicable undesirable effects upon the operation of standard services or equipment of the utility, its customers, or other utilities or agencies.

Note: As used in these rules the terms “rules of the utility” or “utility’s rules” means the rules of the utility on file with the commission.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0202 Relocation of poles {#sec-psc-113.0202 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0202}

(1) When a utility is required by governmental authority or requested by customers to move poles, as, for example, from streets to alleys, the utility is not required to furnish new service entrance conductors, cable, conduit, or service equipment unless it makes a practice of supplying this equipment. It shall, however, run a service drop to the nearest point on each building served from the new location and remove the old service drop without expense to the customer.

(2) If the utility moves its poles of its own volition the utility shall supply new service entrance conductors, cable, conduit, interior wiring connection and service equipment and remove the old; or shall attach its system to the existing service entrance conductors without expense to the customer.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0203 Protection of utility facilities {#sec-psc-113.0203 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0203}

A public utility upon receiving notice as provided in s. 66.0831 or 182.0175 (2m) (b), Stats., of work which may affect its facilities used for serving the public shall:

(1) If the notice is of work covered by s. 66.0831, Stats., investigate and decide what action, if any, must reasonably be taken to protect or alter utility facilities in order to protect service to the public and to avoid unnecessary damage. The utility shall take such action as is reasonably necessary to protect, remove, alter, or reconstruct its facilities and shall perform such work with reasonable dispatch taking into account the conditions to be met. Nothing in this rule shall be deemed to affect any right which the utility may have to require advance payment or adequate assurance of payment of the reasonable cost thereof to the utility by the property owner or contractor.

(2) If the notice is of work covered by s. 182.0175 (2m) (b), Stats., and is not covered by s. 66.0831, Stats., the utility shall respond as required by s. 182.0175 (2m) (b), Stats.

(3) The utility may, in order to protect its interests, require that the owner or contractor perform certain work upon that part of the service piping or wiring on or being removed from the property upon which the excavating, building, or wrecking operations are being performed.

(4) This rule is not intended to affect the responsibility of the contractor or owner, or the liability or legal rights of any party.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; corrections in (intro.) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2002 No. 564.

Wis. Admin. Code § PSC 113.0204 Interference with public service structures {#sec-psc-113.0204 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0204}

(1) A utility having any work upon, over, along, or under any public street, highway or private property near existing utility facilities shall give reasonable notice to the other utility and shall exercise care when working in close proximity to such existing facilities. Sections 66.0831 and 182.0175, Stats., shall be observed where applicable. In all other cases such notice shall provide the other utility with a reasonable opportunity to protect or alter its facilities and such work shall not proceed without an agreement concerning the location and nature of the proposed work.

(2) Nothing in the above shall prevent a utility from proceeding as quickly as possible with any emergency construction work which might interfere with existing facilities.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2002 No. 564.

Wis. Admin. Code § PSC 113.0205 Standard voltages and utilization equipment {#sec-psc-113.0205 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0205}

(1) All utilities shall have available a tabulation showing the character and type of electric service supplied, including the secondary and, where applicable, primary voltages.

(2) Lamps used or furnished by the utility for highway or area illumination shall initially be such that the customer receives the proper illumination in lumens specified in the rate. If the street lighting rate is based on wattage, or if the utility furnishes lamps to customers free or at reduced cost, the lamp bulbs shall be of such efficiency in lumens per watt when used on the utility’s circuits that customers may obtain their lighting service under the most favorable conditions practicable under the rate schedule.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0209 Notice to communication firms {#sec-psc-113.0209 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0209}

Each electric utility shall notify telephone utility and cable television firms in the area when it knows that customer-owned generating facility is to be interconnected with its system. This notification shall be as early as practicable to permit coordinated analysis and testing in advance of interconnection, if considered necessary by the electric or telephone utility or cable television firm.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0210 Whistleblower protection {#sec-psc-113.0210 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0210}

No public utility shall interfere with, restrain, or coerce any employee or other person in the exercise of the right to disclose information to the commission or other governmental bodies regarding the safety and reliability of the electrical system, or a portion thereof, provided that the employee reasonably believe that such information is true. No public utility may dismiss, discipline, demote, transfer, reprimand, harass, reduce the pay of, discriminate against, or otherwise, retaliate against, any employee or other person because the employee, or other person engaged in any of the described activities.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter III Disconnection and Reconnection of Electric Service

Wis. Admin. Code § PSC 113.0301 Disconnections, residential {#sec-psc-113.0301 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0301}

(1) Prior to disconnecting a jointly-metered property containing more than one rental dwelling unit and where service is in the property owner or manager’s name, the utility shall first make an attempt to transfer the debt to the property owner’s or manager’s residence or office service. If a transfer is permitted under sub. (7) (a) the utility shall pursue available collection efforts at the owner’s or manager’s property prior to disconnecting the jointly-metered property.

(1m) Residential utility service may be disconnected or refused for any of the following reasons:

(a) Failure to pay a delinquent account or failure to comply with the terms of a deferred payment, as provided in s. PSC 113.0404.

(b) Violation of the utility’s rules pertaining to the use of service in a manner which interferes with the service of others or to the operation of non-standard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation.

(d) Refusal or failure to permit authorized utility personnel to read the meter at least once every 6 months in order to determine actual usage. The 6-month period begins with the date of the last meter reading.

(e) Failure to comply with Wisconsin statute, commission rule or commission order pertaining to conservation or availability of service.

(f) Failure to pay costs or fees incurred by and awarded to the utility by a court of law, for pursuit of collection of bills, or failure to pay extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the public service commission.

(g) Failure to comply with applicable requirements of this section, or of the utility’s rules, or if the customer proposes to use a device that is not designed to reasonably minimize interference with communication and signal services.

(h) Delinquency in payment for service received by a previous customer or occupant at the premises to be served, if an account is transferred to a new account holder or customer and the previous account holder or customer continues to be an occupant of the dwelling unit to be served.

(i) Failure of an applicant for utility service to provide information or documentation required by s. PSC 113.0408.

(k) Refusal or failure to provide authorized utility personnel access to utility equipment.

(2) A utility is not required to furnish residential service under conditions requiring operation in parallel with generating equipment connected to the customer’s system if such operation is hazardous or may interfere with its own operations or service to other customers or with service furnished by others. The utility may specify requirements as to connection and operation as a condition of rendering service under such circumstances.

(4) A public utility may disconnect residential utility service, without notice, where a dangerous condition exists for as long as the condition exists.

(5) A public utility may disconnect residential utility service, without notice, where it has reasonable evidence that utility service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the utility service.

(6) A public utility may disconnect residential utility service, without notice, where service has been reconnected without the utility’s authorization.

(7)

(a) Account arrears incurred by an owner or property manager for rental residential dwelling units or responsibility for non-compliance with energy conservation requirements as set out in ch. PSC 136 may be transferred, without regard to class of service, to the home or office account of the owner or property manager.

(b) The utility shall send written notice of the planned transfer of the account arrears or responsibility for non-compliance with energy conservation requirements to the owner or property manager prior to making the transfer.

(c) If the account arrears remain unpaid or the structure in question continues to be in non-compliance with the energy conservation requirements, the utility may disconnect the owner’s or property manager’s residence or office service, provided that the utility complies with the disconnection provisions of ss. PSC 113.0301 and 113.0304.

(d) An owner or property manager whose account is subject to disconnection action may avoid disconnection of service by making payment, by making an agreement with the utility for an extension of time for a specific period, by entering into a deferred payment agreement under s. PSC 113.0404 or by installing the required energy conservation measures in the property in question. Any disconnection shall be in compliance with ss. PSC 113.0301 and 113.0304.

(8) Residential utility service may not be disconnected or refused for any of the following reasons:

(a) Delinquency in payment for service by a previous occupant of the premises to be served.

(b) Failure to pay for merchandise or charges for non-utility service billed by the utility, except where authorized by law.

(d) Failure to pay the account of another customer as guarantor thereof.

(e) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing and due to any misapplication of rates or faulty metering.

(f) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan.

(g) A utility to knowingly assist a landlord in the removal or eviction of a tenant from rental property.

(9) The residential customer shall have, in all instances, at least 20 days from the date of issuance of the bill to provide payment. An account may be deemed delinquent and notice of intent to disconnect issued after such period has elapsed. In the event of a discrepancy between the issue date and the postmark, the 20-day period shall be figured from whichever is later.

(10)

(a) A utility shall not disconnect residential service for reasons enumerated in sub. (1) unless written notice is sent to the customer by first class mail or personally served on a responsible adult member of the household at least 10 calendar days prior to the day of the proposed disconnection. If disconnection is not accomplished on or before the 20th day after the issuance of a notice, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to disconnection.

(b) If the billing address is different from the service address, or the account is being billed in the name of “occupant,” “resident” or other like term, notice shall be posted at each individual dwelling unit of the service address not less than 5 days before disconnection for reasons enumerated in sub. (1). If access is not possible, this notice shall be posted at a minimum, to all entrances to the building and in the lobby. The notice shall state at a minimum:

The date of the notice;
The proposed date of disconnection;
That, if feasible, the occupants may apply to the utility to accept responsibility for future bills and avoid disconnection of service. Refusal or acceptance of the application for service is subject to those conditions set out in this chapter.
That if disconnection of service will aggravate an existing medical or protective services emergency, the occupant should contact the utility immediately.

(c) Disconnection notice for reasons enumerated in sub. (1) shall be given upon a form approved by the commission and shall contain the following information:

The name and address of the customer and the address of the service, if different.
A statement of the reasons for the proposed disconnection of service and that disconnection will occur if the account is not paid, or if arrangement is not made to pay the account under deferred payment agreement, or if other suitable arrangements are not made, or if equipment changes are not made. If disconnection of service is to be made for default on a deferred payment agreement, the notice shall include an explanation of the acts of the customer which are considered to constitute default.
A statement that the customer should communicate immediately upon receipt of the notice with the utility’s designated office, listing a telephone number, if he or she disputes the notice of delinquent account, if he or she wishes to negotiate a deferred payment agreement as an alternative to disconnection; or if there is a threat to health or safety of a resident because of the infirmities of aging, developmental or mental disabilities, the use of life support systems, or like infirmities incurred at any age, or the frailties associated with being very young.
A statement that residential utility service will be continued during serious illness or protective services emergency if the occupant submits a statement or notice pursuant to sub. (13).
A statement that the customer may appeal to the public service commission staff in the event that the grounds for the proposed disconnection or the amount of any bill remains in dispute after the customer has pursued the available remedies with the utility.

(11)

(a) The utility shall make a reasonable effort to have a personal or telephone contact with the residential customer prior to disconnection. If a contact is made, the utility shall review the reasons for the pending disconnection of service and explain what actions must be taken to avoid disconnection.

(b) If the account is being billed in the name of “occupant,” “resident” or other like term, the utility shall also contact other utilities serving the premises and attempt to obtain the name of a responsible adult member at the service address.

(12)

(a) When a residential customer, either directly or through the public service commission, disputes a disconnection notice under s. PSC 113.0407, the utility shall investigate any disputed issue and shall attempt to resolve that issue by negotiation. During this investigation and negotiation, utility service shall not be disconnected over this matter.

(b) If a disputed issue cannot be resolved pursuant to s. PSC 113.0407 (1), the utility shall inform the customer of the right to appeal to the public service commission.

(13) Notwithstanding any other provision of this section, other than for reasons of safety or danger, a utility may not disconnect or refuse to reconnect service to a residential premises if disconnection or refusal of reconnection of service will aggravate an existing medical or protective services emergency for the occupant, if the occupant complies with the procedures of par. (a):

(a) A utility shall postpone the disconnection of service, or reconnect the service if disconnected, for up to 21 days to enable the occupant to arrange for payment, if the occupant produces a licensed Wisconsin physician’s statement or notice from a public health, social services or law enforcement official which identifies the medical or protective services emergency and specifies the period of time during which disconnection will aggravate the circumstances. During this extension of service, the utility and occupant shall work together to develop resources and make reasonable payment arrangements in order to continue the service on a permanent basis. The postponement may be extended by renewal of the statement or notice if there is evidence of reasonable communication between the utility and occupant in attempting to make arrangements for payment.

(b) During the period service is continued under the provisions of this subsection, the customer shall be responsible for the cost of residential utility service. But no action to disconnect that service shall be taken until expiration of the period of continued service. Any customers who are in this continued service category shall be admitted into appropriate and special payment plan programs the utility may offer.

(c) If there is a dispute concerning an existing medical or protective services emergency, either party may request informal review by the public service commission staff. Pending a decision after informal review, residential utility service shall be continued provided that the occupant has submitted the statement or notice described in par. (a).

(14) Residential service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the utility are not available to the public for the purpose of transacting all business matters unless the utility provides personnel who are readily available to the customer 24 hours per day to evaluate, negotiate or otherwise consider the customer’s objections to the disconnection as provided under s. PSC 113.0407 and proper service personnel are readily available to restore service 24 hours per day.

(15) Notwithstanding any other provision of this chapter, residential utility service may not be refused because of a delinquent account if the customer or applicant provides as a condition of future service a deposit or guarantee as governed by s. PSC 113.0402, or a voucher agreement. If the guarantor has agreed to be responsible for payment of all future bills, the customer shall be notified of the billing arrangement and of the ability to reject the proposed arrangement.

(16) The utility may not disconnect services in affected counties when a heat advisory, heat warning, or heat emergency issued by the national weather service is in effect. A utility shall make reasonable attempts to reconnect service to an occupied dwelling that has been disconnected when an occupant states that there is a potential threat to health or life that results from the combination of the heat and loss of service. The utility may require that an occupant produce a licensed physician’s statement or notice from a public health, social services, or law enforcement official which identifies the medical emergency for the occupant. Upon expiration of the heat advisory, heat warning, or heat emergency, the utility may disconnect service to a property that was reconnected during this period without further notice if an appropriate payment arrangement has not been established.

(17) If the utility becomes aware that there are extenuating circumstances, such as infirmities of aging, developmental, mental or physical disabilities, the use of life support systems, or like infirmities incurred at any age, or the frailties associated with being very young, the utility shall take these circumstances into consideration prior to disconnecting service.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 06-046: am. (10) (c) 4. Register April 2007 No. 616, eff. 5-1-07; correction in (1m) (g) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-048: am. (1m) (i), r. (1m) (j), (3) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 113.0302 Disconnections, commercial and farm accounts {#sec-psc-113.0302 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0302}

(1) Commercial or farm accounts which involve occupied dwellings shall be subject to s. PSC 113.0304.

(2) Commercial or farm utility service may be disconnected or refused for any of the following reasons:

(a) Failure to pay a delinquent account.

(c) Failure to comply with a deposit, guarantee arrangement, or installment payment agreement, as specified in s. PSC 113.0403.

(e) Failure to comply with Wisconsin statute, commission rule or commission order pertaining to conservation or availability of service.

(g) Failure to comply with applicable requirements of this section, or of the utility’s rules, or with s. 196.16, Stats., or if the customer proposes to use a device that is not designed to reasonably minimize interference with communication and signal services.

(h) Refusal or failure to provide authorized utility personnel access to utility equipment.

(3) A utility is not required to furnish commercial or farm service under conditions requiring operation in parallel with generating equipment connected to the customer’s system if such operation is hazardous or may interfere with its own operations or service to other customers or with service furnished by others. The utility may specify requirements as to connection and operation as a condition of rendering service under such circumstances.

(4) A public utility may disconnect commercial or farm utility service, without notice, where a dangerous condition exists for as long as the condition exists.

(5) A public utility may disconnect commercial or farm utility service, without notice, where it has reasonable evidence that utility service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the utility service.

(6) A public utility may disconnect commercial or farm utility service, without notice, where service has been reconnected without the utility’s authorization.

(7)

(d) An owner or property manager whose account is subject to disconnection action may avoid disconnection of service by making payment, by making an agreement with the utility for an extension of time for a specific period, or by installing the required energy conservation measures in the property in question. Any disconnection shall be in compliance with ss. PSC 113.0301 and 113.0304.

(8) Commercial or farm utility service may not be disconnected or refused for any of the following reasons:

(a) Delinquency in payment for service by a previous occupant of the premises to be served.

(b) Failure to pay for merchandise or charges for non-utility service billed by the utility.

(d) Failure to pay the account of another customer as guarantor thereof.

(e) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing and due to any misapplication of rates or any faulty metering.

(f) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan.

(9) The commercial or farm customer shall have, in all instances, at least 20 days from the date of issuance of the bill to provide payment. An account may be deemed delinquent and notice of intent to disconnect issued after the 20-day period has elapsed. In the event of a discrepancy between the issue date and the postmark, the 20-day period shall be figured from whichever is later.

(10)

(a) A utility shall not disconnect commercial or farm service for reasons enumerated in sub. (1) unless written notice is sent to the customer by first class mail or personally served at least 10 calendar days prior to the day of the proposed disconnection. If disconnection is not accomplished on or before the 20th day after the issuance of a notice, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to disconnection.

(b) If the billing address is different from the service address, notice shall be posted at each individual dwelling unit of the service address not less than 5 days before disconnection for reasons enumerated in sub. (2). If access is not possible, this notice shall be posted at a minimum, to all entrances to the building and in the lobby. Such notice shall state, at a minimum:

The date of the notice.
The proposed date of disconnection.
That, if feasible, the occupants may apply to the utility to accept responsibility for future bills and avoid disconnection of service. Refusal or acceptance of the application for service is subject to those conditions set out in this chapter.
That if disconnection of service to an occupied dwelling will aggravate an existing medical or protective services emergency, the occupant should contact the utility immediately.

(c) Disconnection notice for reasons enumerated in sub. (2) shall be given upon a form approved by the commission and shall contain the following information:

The name and address for the customer and the address of the service, if different.
A statement of the reasons for the proposed disconnection of service and that disconnection will occur if the account is not paid, or if arrangement is not made to pay the account, or if other suitable arrangements are not made, or if equipment changes are not made.
A statement that the customer should communicate immediately upon receipt of the notice with the utility’s designated office, listing a telephone number, if he or she disputes the notice of delinquent account, or if he or she wishes to negotiate a payment agreement as an alternative to disconnection, or when serving an occupied dwelling, if there is a threat to health or safety of a resident because of the infirmities of aging, developmental, mental or physical disabilities, the use of life support systems, or like infirmities incurred with age, or the frailties associated with being very young.
A statement that the customer may appeal to the public service commission staff in the event that the grounds for the proposed disconnection or the amount of any bill remains in dispute after the customer has pursued the available remedies with the utility.

(11) The utility shall make a reasonable effort to have a personal or telephone contact with the commercial or farm customer prior to disconnection. If a contact is made, the utility shall review the reasons for the pending disconnection. The utility shall keep a record of these contacts and contact attempts.

(12)

(a) When a commercial or farm customer, either directly or through the public service commission, disputes a disconnection notice, the utility shall investigate any disputed issue and attempt to resolve that issue by negotiation. During this investigation and negotiation, utility service shall not be disconnected over this matter.

(b) If a disputed issue cannot be resolved pursuant to s. PSC 113.0407 (1), the utility shall inform the customer of the right to appeal to the public service commission.

(13) Commercial or farm service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the utility are not available to the public for the purpose of transacting all business matters unless the utility provides personnel who are readily available to the customer 24 hours per day to evaluate, negotiate or otherwise consider the customer’s objections to the disconnection, as provided under s. PSC 113.0407 and proper service personnel are readily available to restore service 24 hours per day.

(14) The utility may not disconnect service that serves an occupied dwelling unit in affected counties when a heat advisory, heat warning, or heat emergency issued by the national weather service is in effect. A utility shall make reasonable attempts to reconnect service to an occupied dwelling that has been disconnected for nonpayment when an occupant states that there is a potential threat to health or life that results from the combination of the heat and loss of service. The utility may require that an occupant produce a licensed physician’s statement or notice from a public health, social service, or law enforcement official which identifies the medical emergency for the occupant. Upon expiration of the heat advisory, heat warning, or heat emergency, the utility may disconnect service to a property that was reconnected during this period without further notice if an appropriate payment arrangement has not been established.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0303 Reconnection of service {#sec-psc-113.0303 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0303}

(1)

(a) By June 1 of each year, or at a date designated by order of the commission, each electric utility in Wisconsin serving more than 40,000 customers shall submit a fall reconnection plan for review and approval by commission order. The plan shall provide reasonable means, including a timetable for personal contacts, that will be used to assure that all premises to which service was disconnected within the past 12 months and remains disconnected for nonpayment shall be contacted prior to October 25, or at a date set by commission order, to inform them of available payment options such as budget billing or deferred payment agreements. The utility shall include in its plan, procedures for negotiating for payment with households that contain persons who are elderly, infants, young children, seriously ill, or mentally or physically disabled.

(b) Prior to October 15 of each year, or at a date designated by order of the commission, a utility shall attempt by letter, telephone, or personal visit to contact all households at premises to which service was disconnected within the past 12 months and remains disconnected for nonpayment and inform them of available payment options such as budget billing or deferred payment agreement. If a letter or telephone call does not result in a response from an adult member of the household by October 15, or at a date designated by order of the commission, a subsequent personal visit shall be made no later than October 25, or at a date designated by order of the commission. For any household remaining disconnected after this date, the utility shall continue its efforts to have a personal contact with the household and determine its situation. The utility shall make a personal contact attempt after the date of disconnection and before November 1 for any household disconnected between October 15 and October 31. If, during any of the contacts made to carry out this section, the utility or its representative observes a danger to human health or life due to the disconnection, the utility shall immediately restore service. A record shall be made of all contacts and attempted contacts made to comply with this section.

(2) By November 15th of each year, a utility shall file a report with the commission stating the number of dwellings assumed to be occupied where service remains disconnected as of November 1 or later and the reason that service has not been reconnected. Weekly, or on other dates if designated by order of the commission, a utility shall file reports with the commission listing the number of assumed to be occupied dwellings where service remains disconnected and the reason that service has not been reconnected to each dwelling.

(3) A utility shall cooperate with law enforcement and social service agencies in instances involving protective services emergencies. The utility shall refer to the appropriate social service agency any situation it identifies in its reconnection efforts where it appears that intervention by a social service agency is appropriate. Local law enforcement and social service agencies may use the commission’s dispute resolution process on behalf of a household without service because of nonpayment.

(4) Applicability.

(a) This section applies to dwellings where service has been disconnected for nonpayment of a utility service during the last 12 months and applies to utility service which provides the primary heat source, or affects the primary heat source to dwelling units. If a utility is unsure of whether utility service to a given premises affects its heat source, the utility must comply with the requirements of this section unless and until it can document that the discontinuation of utility service to that premises would not affect its heat source.

(b) Utilities with less than 40,000 customers may be required to submit a plan as described in sub. (1) (a) for approval by commission order and to meet the requirements of sub. (1) (a).

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0304 Cold weather disconnections {#sec-psc-113.0304 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0304}

(1) Declaration of policy. The public service commission of Wisconsin recognizes that there are many citizens of the state who, because of incomes, infirmities of aging, developmental or mental disabilities or like infirmities incurred at any age, or the frailties associated with being very young, need protection from cold weather disconnections. This section is intended to provide that protection as enumerated below. It is the further intent of the public service commission that these rules be used as guidelines to identify those customers who are not covered by sub. (4). For households subject to disconnection under this section, any disconnection permitted by this chapter during the cold weather period defined below shall be made only as a last resort, after all other legal means of recourse have been attempted and proven unsuccessful.

(2) Applicability.

(a) This section applies to disconnections for nonpayment of utility service which provides the primary heat source or energy source affecting the primary heat source to residential dwelling units occurring during the period November 1 to April 15 in any year for all occupied residences.

(b) This section shall not apply to disconnections of service as set forth in s. PSC 113.0301 (1m) (b), (4), or (5), or disconnections for remodeling or repairs.

(3) Customer requested termination. With regard to customer-requested termination of service at an unoccupied residence, the utility may rely on verification by the owner or the owner’s agent that the residence is unoccupied, provided that the utility visits the premises at the time of disconnection and verifies that the premises are not occupied. The utility shall keep a written record of the utility determination that the premises are unoccupied.

(4) Conditions for disconnection. A utility may disconnect only those households whose gross quarterly incomes are above 250% of the federal income poverty guidelines and where health and safety would not be endangered because of the infirmities of age, developmental or mental disabilities or like infirmities incurred at any age or the frailties associated with being very young, if service were terminated or not restored.

(5) Verification.

(a) The burden of proof that a household is eligible for disconnection as defined in sub. (3) shall be the responsibility of the utility.

(b) The utility, as part of its filing with the public service commission pursuant to sub. (12) (b), shall include how it will verify the household’s income and situation.

(6) Notice.

(a) Prior to and again at the time of disconnection of service, a utility representative shall meet personally with a responsible, adult member of the household to discover any circumstances which deserve special attention, such as medical problems or disabilities.

(b) The utility shall maintain a record of all contacts with the household from the time that notice of pending disconnection is first given.

(7) Telephone availability. A utility shall provide its emergency after-hours telephone number to all households scheduled for utility service disconnection.

(8) Customer and occupant service information. Prior to disconnection, a utility shall inform the household of the availability of deferred payment agreements, budget billing and in the case of a noncustomer occupant, the option of accepting responsibility for future bills.

(9) No disconnection on certain days. A utility may not disconnect service to an occupied dwelling on a Friday, Saturday, Sunday, holiday or on a day when utility personnel are not readily available to the occupant 24 hours per day to negotiate restoration of service.

(10) Third party contacts. If the household has previously requested that a specific third party be notified before disconnection, the utility shall contact that third party prior to disconnection of service.

(11) Management-level employee. The utility shall designate by November 1 each year one or more executive employees who will be responsible for final approval of the disconnection of utility service and notify the commission, in writing, of the name, title and contact number of the person or persons so designated. The designated employee shall certify on a form approved by the commission that all appropriate code provisions have been met prior to authorizing disconnection. For investor-owned utilities with 30,000 or more customers, the designated person shall be an employee with at least the position of vice president. For investor-owned utilities with fewer than 30,000 customers, the designated employee shall be the utility president. For a municipal utility the designated employee shall be either the general manager or chairperson of the governing board. A utility may designate an employee to act in the absence of the above-listed personnel because of illness or vacation.

(12) Report.

(a) The utility shall report each disconnection of service to an occupied dwelling by facsimile transmission, if available, or telephone to the consumer services bureau of the public service commission by 3:30 p.m. the same day the disconnection takes place.

(b) If a utility intends to make any disconnection of service to occupied dwellings under the provisions of this section, it shall each year, prior to making any disconnections, file procedures for review and receive approval by order of the public service commission describing how it intends to identify the occupied dwellings subject to disconnection. If within 60 days of submission the commission has not, by order, approved the procedures, the procedures shall be considered disapproved.

(13) Follow-up visit.

(a) By the end of the work day following the day of disconnection, the utility shall make an in-person visit to the occupied dwelling to check on the household’s wellbeing and to ensure there is no danger to human health or life. The utility shall again inform the household of the availability of deferred payment or budget billing agreements, shelter assistance and in the case of a noncustomer occupant, the option of accepting responsibility for payment of future bills. If the utility or its representative observes a danger to human health or life due to the disconnection, the utility shall immediately restore service.

(b) The utility may request that the visit required under par. (a) be made by a representative of a city health department, local health and social service agency, local law enforcement agency, or similar authority, but ultimate responsibility for the visit shall remain with the utility.

(14) Internal procedures. The utility shall submit for approval by commission order copies of its written internal procedures for implementing this section and any materials used in training its employees to carry out these rules. If within 60 days of submission the commission has not, by order, approved the internal procedures, the procedures shall be considered disapproved. The utility shall review these procedures annually and update the files procedures when appropriate. A utility which does not disconnect occupied residences for nonpayment during the winter period is not required to file such procedures.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0305 Customer-requested termination of service {#sec-psc-113.0305 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0305}

With regard to customer-requested termination of service at an unoccupied residence, the utility may rely on verification by the owner or the owner’s agent that the residence is unoccupied, provided that the utility visits the premises at the time of termination of service and has no reason to believe that the premises are occupied. If the premises appear to be occupied, the utility shall follow the procedures set out in s. PSC 113.0301 (10) (b).

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter IV Electric Billing and Payment Procedures

Wis. Admin. Code § PSC 113.0401 Schedules to be filed with commission {#sec-psc-113.0401 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0401}

The schedules of rates and rules to be filed with the commission by the utility shall be classified, designated, arranged and submitted so as to conform to the requirements of current tariff or rate schedule circulars and special instructions which have been and may from time to time be issued by the commission. Provisions of the schedules shall be definite and so stated as to minimize ambiguity or the possibility of misinterpretation and shall include, together with such other information as may be deemed pertinent, the following:

(1) All rates for service with indication for each rate of the type and voltage of service and the class of customers to which each rate applies. There shall also be shown any limitations on loads and type of equipment which may be connected, the prices per unit of service and the number of units per billing period to which the prices apply, the period of billing, the minimum bill, method of measuring demands including method of calculating or estimating loads or minimums and any special terms and conditions applicable. The discount for prompt payment or penalty for late payment, if any and the period during which the net amount may be paid shall be specified.

(2) By municipalities, but without reference required to any particular part thereof, the voltage at which service will be supplied and the type of service (direct current or single- /or polyphase alternating current).

(3) Forms of standard contracts required of customers for the various types of service available.

(4) If service to other utilities, to electric cooperatives, or municipalities is furnished at a standard filed rate, either a copy of each contract or the standard contract form together with a summary of the provisions of each signed contract. The summary shall show the principal provisions of the contract and shall include the name and address of the customer, the points where energy is delivered, rate, term, minimums, load conditions, voltage of delivery and any special provisions such as rentals. Standard contracts for such sales as that of energy for resale, street lighting, municipal athletic-field lighting and for water utilities may be filed in summary form as above outlined.

(5) Copies of special contracts for the purchase, sale, or interchange of energy.

(6) List of villages, cities and unincorporated communities where urban rates are applicable and towns in which service is furnished.

(7) The list of service areas and the rates shall be filed in such form as to facilitate ready determination of the rates available in each municipality and in such unincorporated communities as have service at urban rates. If the utility has various rural rates, the areas where the same are available shall be indicated.

(8) Definitions of classes of customers.

(9) Extension rules for extending service to new customers indicating what portion of the extension or cost thereof will be furnished by the utility; and if the rule is based on cost, the items of cost included.

(10) Type of construction required if in excess of the standards required by the Wisconsin state electrical code.

(11) Specification of such portion of service as the utility furnishes, owns and maintains, such as service drop, service entrance cable or conductors, conduits, service entrance equipment, meter and socket. Indication of the portions of interior wiring such as range or water-heater connection, furnished in whole or in part by the utility and statement indicating final ownership and responsibility for maintaining equipment furnished by utility.

(12) Statement of the type of special construction commonly requested by customers which the utility allows to be connected and terms upon which such construction will be permitted, with due provision for the avoidance of unjust discrimination as between customers who request special construction and those who do not. This applies, for example, to a case where a customer desires underground service in overhead territory.

(13) Rules with which prospective customers must comply as a condition of receiving service and the terms of contracts required.

(14) Rules governing the establishment of credit by customers for payment of service bills.

(15) Rules governing the procedure followed in disconnecting and reconnecting service.

(16) Notice by customer required for having service discontinued.

(17) Rules covering temporary, emergency, auxiliary and stand-by service.

(18) Rules covering the type of equipment which may or may not be connected, including rules such as those requiring demand-limiting devices or power-factor corrective equipment.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0402 Deposits residential {#sec-psc-113.0402 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0402}

(1) New residential service.

(a) A utility may 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 electric utility or cooperative which accrued within the last 6 years and for which there is not agreement or arrangement for payment being honored by the customer and at which time the request for new service remains outstanding and not in dispute, as defined in s. PSC 113.0407. To request a deposit under this section, utilities must comply with requirements in sub. (2).

(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.

(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.

(2) Deferred payment. The utility shall inform the customer that 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 113.0404, for the outstanding account. A customer who defaults on the deferred payment agreement may be required by the utility to furnish a deposit.

(3) Guarantee terms and conditions.

(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.

(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 10 days’ written notice.

(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.

(4) Existing residential service.

(a) A utility may require a cash deposit or other guarantee as a condition of residential service if any of the following circumstances apply.

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.
Subsequent credit information indicates that the initial application for service was falsified.
The customer has the ability to pay for the utility service but, during the cold weather disconnections 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.
A new residential customer accrues charges for electric service that become 60 days or more past due within the first 8 months of service.

(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.

(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 the deposit amount.

(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.

(6) Reasonableness of deposit. When requesting a deposit from a residential customer, the utility shall consider the customer’s ability to pay in determining the reasonableness of its request, including the following factors:

(a) Size of the delinquent account.

(b) Customer’s payment history.

(d) Reasons why the debt has been outstanding.

(e) Any other relevant factors concerning the circumstances of the customer, as household size, income and expenses.

(7) Amount of deposit.

(a) The maximum deposit for a new residential account shall not exceed the highest estimated gross bill for any 2 consecutive billing periods selected by the utility.

(b) Except as provided in par. (c), the maximum deposit for an existing residential account shall not exceed the highest actual gross bill for any 2 consecutive months within the preceding 12 month review period, as determined by the utility.

(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 months review period, as determined by the utility.

(8) Refusal or disconnection of service. Residential service may be refused or disconnected for failure to pay a deposit request subject to the rules pertaining to disconnection and refusal of service, as provided in s. PSC 113.0301.

(9) Interest.

(a) Deposits for residential accounts shall bear interest payable from the date a deposit is made to the date it is applied to an account balance or is refunded.

(b) The interest rate to be paid shall be subject to change annually on a calendar year basis. The commission shall determine the rate of interest to be paid on deposits held during the following calendar year and notify utilities of that rate by December 15 of each year. The rate shall be equal to the weekly average yield of one-year United States treasury securities adjusted for constant maturity for the week ending on or after December 1 made available by the federal reserve board, rounded to the nearest tenth of one percent.

(c) The rate of interest set by the commission shall be payable on all deposits. Utilities shall calculate the interest earned on each deposit at the time of refund and at the end of each calendar year. The interest rate in a calendar year shall apply to the amount of the deposit and to all interest accrued during the previous year(s), for the fraction of the calendar year that the deposit was held by the utility.

(10) Refund. The utility shall refund the deposit of a residential customer after 12 consecutive months of prompt payment.

(11) Review. The utility shall not continue to require a cash deposit for a residential account unless a deposit is permitted under the provisions of sub. (4) or (10).

(12) Method of refund. Any deposit or portion thereof refunded to a residential customer shall be refunded by check unless both the customer and the utility agree to a credit on the regular billing, or unless sub. (14) applies.

(13) Refund at termination of service. On termination of residential service, the utility shall credit the deposit, with accrued interest, to the customer’s final bill and return the balance within 30 days of issuing the final bill.

(14) Arrearages. An arrearage owed by a residential customer may be deducted from the customer’s deposit under any of the following conditions:

(a) Except as provided in par. (c), a deposit may be used by the utility only to satisfy an arrearage occurring after the deposit was made.

(b) If the utility deducts an arrearage from a customer deposit, it may require the customer to bring the deposit up to its original amount. Failure of the customer to do so within 20 days of mailing a written request for payment is a ground for disconnection.

(c) When a deposit is refunded to the customer, the utility may first deduct any arrearage owed by the customer, whether the arrearage arose prior to or after the date of the deposit.

(15) Applicability. The provisions in subs. (2) and (3) are not applicable to deposits or guarantees made in connection with the financing of extensions or other equipment.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (3) (b), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0403 Deposits for commercial and farm service {#sec-psc-113.0403 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0403}

(1) Deposit request. If the credit of an applicant for commercial and farm service has not been established satisfactorily to the utility, the utility may require the applicant to post deposit. The utility shall notify the applicant within 30 days of the request for service as to whether a deposit will be required. The 30-day period shall begin from the date the applicant provides all requested relevant information to the utility. If no request for a deposit is made within this period, no deposit shall be required, except under the provisions of the sub. (5). If a request for a deposit is made, the applicant must be given at least 30 days to provide payment, or guarantee, or to establish an installment payment agreement.

(2) Considerations for deposit. In determining whether an applicant for commercial or farm service has satisfactorily established its credit, the utility shall inform the customer that it will consider any or all of the following factors, if provided by the customer, before requiring a security deposit.

(a) Credit information from credit reporting services.

(b) Letter of credit from a financial institution or another utility.

(c) Applicant’s business characteristics, such as type of business, length of time the applicant has operated, the applicant’s business experience and knowledge and estimated size of the applicant’s bills;

(d) Assets of the business.

(e) The financial condition of the business, as indicated in a financial statement.

(3) Installment payment agreement. A commercial or farm customer or applicant for commercial or farm service of which a deposit is requested shall have the right to receive service under an installment payment agreement.

(4) Guarantee terms and conditions.

(a) The utility may accept, in lieu of a cash deposit for new or existing commercial or farm 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. The term of such contract shall be for no longer than 2 years, but it shall automatically terminate after the commercial or farm customer has closed its account with the utility, or at the guarantor’s request on 30 days’ written notice to the utility.

(b) On termination of a guarantee contract, or whenever the utility deems the amount of surety insufficient, a cash deposit or a new or additional guarantee may be required on 20-day written notice to the customer. The service of a customer who fails to comply with these requirements may be disconnected on 10 days written notice, subject to the establishment of an installment payment agreement.

(c) The utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account he or she has guaranteed, unless the guarantor waives such notice in writing.

(5) Existing commercial or farm service.

(a) The utility may require an existing commercial or farm customer to furnish a deposit if the customer has not made prompt payment of all bills within the last 24 months, or if the customer has 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.

(b) When the utility requests a deposit of an existing commercial or farm customer, the customer shall have 30 days to provide the deposit, guarantee, or to establish an installment payment agreement.

(6) Written explanation.

(a) A utility shall provide a written explanation of why a deposit or guarantee is being required for commercial or farm service. 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.

(b) The utility shall inform the customer at the time a deposit is provided that if, after 12 months of utility service, the deposit amount is greater than necessary based on actual consumption, the customer may request refund of the difference between the 2 amounts.

(7) Refusal or interruption of service. Commercial or farm service may be refused or disconnected for failure to pay a deposit request, subject to the rules pertaining to disconnection and refusal of service.

Note: See s. PSC 113.0302.

(8) Amount of deposit.

(a) The maximum deposit for a new commercial or farm account shall not exceed the highest estimated gross bill for any 2 consecutive billing periods selected by the utility. If after a 12-month period the deposit amount is shown to be greater than warranted based on actual consumption, the utility shall at the customer’s request refund the difference between the 2 amounts, plus interest.

(b) Except as provided in par. (c), the maximum deposit for an existing commercial or farm account shall not exceed the highest actual gross bill for any 2 consecutive months within the preceding 12 months review period, as determined by the utility.

(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 bill for any 4 consecutive months within the preceding 12-month review period, as determined by the utility.

(9) Interest.

(a) Deposits for commercial or farm service shall bear interest from the date a deposit is made to the date it is applied to an account balance or refunded.

(b) The interest rate to be paid shall be subject to change annually on a calendar basis. The commission shall determine the rate of interest to be paid on deposits held during the following calendar year and notify the utilities of the rate by December 15 of each year. The rate shall be equal to the weekly average yield of one-year United-States treasury securities adjusted for constant maturity for the week ending on or after December 1 made available by the federal reserve board, rounded to the nearest tenth of one percent.

(c) The rate of interest set by the commission shall be payable on all deposits. Utilities shall calculate the interest earned on each deposit at the time of the refund and at the end of each calendar year. The interest rate in a calendar year shall apply to the amount of the deposit and to all interest accrued during the previous year(s), for the fraction of the calendar year that the deposit was held by the utility.

(10) Time of refund. The deposit of a commercial or farm customer shall be refunded after 24 consecutive months of prompt payment.

(11) Method of refund. Any deposit or portion thereof refunded to a commercial or farm customer shall be refunded by check unless both the customer and the utility agree to a credit on the regular billing, or unless sub. (13) applies.

(12) Refund at termination of service. Upon termination of commercial or farm service, the deposit, with accrued interest, shall be credited to the final bill and the balance shall be returned within 30 days of issuing the final bill.

(13) Arrearages. An arrearage owed by a commercial or farm customer may be deducted from the customer’s deposit under the following conditions.

(a) Except as provided in par. (c), a deposit may be used by the utility only to satisfy an arrearage occurring after the deposit was made.

(c) When a deposit is refunded to the customer, the utility may first deduct any arrearage owed by the customer, whether the arrearage arose prior to or after the date of the deposit.

(14) Applicability. The provisions of subs. (3) and (4) are not applicable to deposits or guarantees made in connection with the financing of extensions or other equipment.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (4) (b), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0404 Deferred payment agreement {#sec-psc-113.0404 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0404}

(1) The utility is required to offer deferred payment agreements only to residential accounts and may offer such agreements to other customers.

(2) Every deferred payment agreement entered into due to the customer’s inability to pay the outstanding bill in full shall provide that service will not be discontinued if the customer pays a reasonable amount of the outstanding bill and agrees to pay a remaining outstanding balance in installments.

(3) For purposes of determining reasonableness in sub. (2), the parties shall consider the customer’s ability to pay, including the following factors:

(a) Size of the delinquent account.

(b) Customer’s payment history.

(d) Reasons why debt has been outstanding.

(e) Any other relevant factors concerning the circumstances of the customer, such as household size, income and expenses.

(4) A utility may require a written deferred payment agreement with the customer’s signature. A written agreement offered by a utility shall state immediately preceding the space provided for the customer’s signature in at least 12-point boldface print,

(5) A delinquent amount covered by a deferred payment agreement shall not be subject to a late payment charge if the customer meets the payment schedule required by the agreement.

(6) A special payment agreement entered into by the customer and the utility through the utility’s early identification program shall be given the force and effect of a deferred payment agreement for purposes of late payment charges.

(7) If a utility customer has not fulfilled the terms of a deferred payment agreement and there has not been a significant change in the customer’s ability to pay since the agreement was negotiated, the utility may disconnect utility service pursuant to disconnection of service rules, ss. PSC 113.0301 and 113.0304 and shall not be required to negotiate a subsequent deferred payment agreement prior to disconnection.

(8) Payments made by a customer in compliance with a deferred payment agreement shall first be considered made in payment of the previous account balance with any remainder credited to the current bill.

(9) If a deferred payment agreement cannot be reached because the customer’s offer is unacceptable to the utility, the utility shall inform the customer in writing why the customer’s offer was not acceptable.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0405 Meter readings and billing periods {#sec-psc-113.0405 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0405}

Readings of all meters used for determining charges to customers shall be scheduled no less frequently than once every two months. Utilities may offer quarterly or semiannual meter-reading plans to customers who elect such an option. An effort shall be made to read meters on corresponding days of each meter-reading period cycle. The meter-reading date may be advanced or postponed not more than 5 days without adjustment of the billing for the period. Bills for service shall be rendered within 40 days from the reading of the meter except as may be otherwise specifically authorized by the commission. The utility may permit the customer to supply the meter readings on a form supplied by the utility, or by telephone or electronic mail, provided a utility representative reads the meter at least once each 6 months and when there is a change of customer. The utility shall make reasonable efforts to read the meters of customers whose meters require access to a residence and who cannot be available during normal business hours.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0406 Billing {#sec-psc-113.0406 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0406}

(1)

(a) Each bill, including the customer’s receipt, provided by Madison Gas and Electric Company, Northern States Power Company, Superior Water, Light and Power Company, Wisconsin Electric Power Company, Wisconsin Power and Light Company, Wisconsin Public Service Corporation, or their successors, shall show for each meter the following information:

The customer name, billing address and service address, if different from the billing address.
For residential customers in multi-unit buildings, current meter identification information or number and account number.
The present and last preceding meter readings.
The present and last preceding meter reading dates.
The next scheduled meter reading date.
The number of days in the billing period.
The number of units consumed.
The class of service with clear explanation of codes and abbreviations.
The rate schedule under which the bill is calculated including the itemized calculations of the rate schedule component including, but not limited to, such items as customer charge, energy blocks, demand charges, minimum bills and all other billing factors necessary for the customer to check the calculation of the bill.
Clear itemized adjustment clause bill calculation.
Amount subject to tax, tax rate and tax billed.
Clear itemization of the amount of the bill for the present billing period, any unpaid balance from previous billing periods and any late payment charges.
Clear itemization of other utility charges and credits.
Degree day information.
A statement that the utility will, upon customer request, provide the information and assistance necessary for the customer to evaluate fuel consumption and conservation.

(b) Upon receiving such request in par. (a) 15., the utility shall provide consumption and degree day information by billing periods for at least the last year and information and instructions needed by the customer to make consumption comparisons and evaluate his or her conservation efforts.

(d) Each bill, including the customer’s receipt rendered by electric utilities not included in par. (a), shall show the present and last preceding meter readings, the date of the present reading, the number of units consumed, the class of service if other than residential and the rate schedule under which the bill is calculated. In lieu of including the rate schedule on the bill the utility may, whenever a rate change becomes effective or at least once a year, supply each customer with the schedule of rates at which the bills are calculated and any other rates that might be applicable. Such a schedule shall be written in clear and direct language in no smaller type than 10-point type. Bills rendered at rates requiring the measurement of a number of different factors shall show all data necessary for the customer to check the calculation of a bill. All monthly adjustment clause factors necessary for a customer to check the calculation of the bill shall be included on the monthly bill. Minimum and estimated bills shall be distinctly marked as such. Estimated bills are bills rendered without actual meter readings.

(e) The utility may include on the utility service bill charges to the customer resulting from other services, materials, or work provided by the utility as a result of commission-approved conservation and alternative energy programs and, with the consent of both the customer and the utility, merchandise and service repair work charges. The charges shall be listed individually on the bill and the customer shall be permitted to include such payment in his or her payment for electric utility service. Any partial payments shall be applied first to the amount due for utility service and the remainder to the other charges.

(f) Costs or fees incurred by and awarded to the utility by a court of law, for pursuing bill collection through other agencies, such as small claims courts, or extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the public service commission, may be included on the utility’s service bill. Such tariffs shall be established on the basis of rate case proceedings or generic proceedings to establish the reasonableness of such charges.

(g) The commission may authorize the utility to make late payment charges to a customer’s utility service bill that is not paid in full within 20 days following issuance of the bill and for utility service that has been obtained by diversion around or tampering with the metering of the account. The late payment charge may be either a one-time charge as provided in par. (h) or a monthly charge as provided in par. (i). The utility shall receive approval from the commission of the method it desires to use and shall not change methods without commission approval.

(h) If the utility is authorized to make a one-time late payment charge, such charge shall comply with the following requirements:

The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied.
Except as provided in par. (i) 8., late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill.
The amount of the late payment charge shall be 3% of the bill, except a minimum charge of $.50 shall apply. The charge shall not exceed 1% per month (12% per annum) for forbearances occurring primarily, for personal, family or household purposes where the only charge is a late charge.
Late payment charges shall be applied to all customer classes and rate classifications.

Note: See s. PSC 113.0404 (5) and (6).

A late payment charge shall be applied only once to any given amount outstanding.
If a customer disputes a bill for utility service or portion thereof and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility.
Bills issued for utility service previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued.

(i) If the utility is authorized to make monthly late payment charges, such charges shall comply with the following requirements.

The amount of the charge shall be no more than 1% per month and shall be filed with and approved by the commission before it can be applied. The charge shall not exceed 1% per month (12% per annum) for forbearances occurring primarily, for personal, family or household purposes where the only charge is a late charge.
The late payment charge shall be applied to the total unpaid balance for utility service, including unpaid late payment charges.
Except as provided in subd. 9., the late payment charge shall be applied no sooner than 20 days after the date of issuance of the bill.
The late payment charge shall be applied to all customer classes and rate classifications.
If a customer disputes a bill for utility service or portion thereof and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility.
The utility may not waive any properly applied late payment charge, except when the utility fails to obtain scheduled meter readings, the utility shall waive the late payment charge upon dispute of the estimate by the customer.

Note: See s. PSC 113.0404 (5) and (6).

No additional late payment charge may be applied to a delinquent account for utility service after the date on which the delinquent account was written off by the utility as uncollectible.
If a utility changes the type of late payment charge or initiates a late payment charge, the new charge shall apply only to utility service provided after the effective date of the change or initiation.
Bills issued for utility service that was previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued. The late payment charge may be applied from the estimated date that the diversion or tampering began.

(j) A customer who receives a lump sum payment from an outside source to be used to pay his or her utility service bill may, at the utility’s option, apply the payment to the customer’s account in equal monthly installments.

(2)

(a) If the billing period is longer or shorter than allowed in s. PSC 113.0405, the bill shall be prorated on a daily basis unless other provision is made in the utility’s filed rules.

(b) If the utility is unable to gain access to read a standard residential meter at the end of each billing period, the utility shall, upon customer request, provide meter reading forms which allow the customer to send a card reading in time for billing. If actual readings cannot be obtained, the utility shall also leave a meter reading form at the premises for the customer to complete and return to the utility in time for bill preparation or leave a form at the premises explaining the estimation or leave a form at the premises explaining the estimation and how to avoid future estimations. This form shall be used when billing systems do not have sufficient time to allow the customer to return the card reading prior to billing.

(c) If no form is left on the premises, or if the form is not returned in time to be processed in the billing cycle, a minimum or estimated bill may be rendered. In cases of emergency the utility may render minimum or estimated bills without reading meters or supplying meter reading forms to customers. Only in unusual cases or when approval is obtained from the customer may more than three consecutive estimated bills be rendered.

(d) If meter reading is not scheduled on a monthly basis, the utility shall supply customers with meter reading forms for the periods when the meter is not scheduled to be read by the utility. Customers may not be required to provide these meter readings. If the customer informs the utility he or she does not desire to supply a reading, or if the form is not returned in time for the billing operation, a minimum or estimated bill may be rendered.

(e) When an actual meter reading indicates that a previous estimated bill was abnormally high or low, the utility shall calculate the bill for the entire period as if use of service was uniformly distributed throughout the period. The previous estimated charge shall be deducted from the recomputed total. If there is evidence to indicate that actual use was not uniform throughout the period, the billing shall be adjusted according to available information.

(3)

(a) Credits due a customer because of meter inaccuracies, errors in billing, or misapplication of rates shall be shown separately and identified.

(b) The original billing rendered because of meter inaccuracy, or errors in billing, or misapplication of rates, shall be separated from the regular bill and the charges explained in detail.

(4)

(a) Each bill for service shall be computed at the proper filed rate, which shall be the rate selected by the utility unless the customer selects a rate under par. (e).

(b) When it is difficult to determine what rate should be applied until there has been actual usage, the rate classification shall be reviewed when there has been adequate usage to determine the lowest applicable rate but no later than the end of the first 12 months of usage. The customer shall be notified as soon as the lowest firm service rate option has been determined and be given the option to select a different applicable rate as set forth in par. (e). The rate determined by the utility to be the lowest firm rate option shall be effective with the billing following the date of notification by the utility unless the customer selects a rate. If the customer selects a rate, the rate shall be effective with the current billing period if required billing information is available but not later than the beginning of the second billing period following the customer’s request.

(c) A utility may enter into contracts with customers having terms longer than one year, but the rates paid under such contracts shall be the utility’s lowest applicable firm service rate option, for which meter usage information is known, on file with the commission at the time of the contract, unless the customer selects another applicable rate at the time of the contract.

(d) If the utility has information that the customer could qualify for a lower rate by changing voltage delivery, or combining or separating services as allowed under the utility’s rules and regulations, he or she shall be notified; but no change in rates shall be made until the customer makes the necessary modifications. If such modifications are made, the utility shall change the customer’s rate classification effective for the beginning of the current billing period if required billing information is available, but the change shall be effective no later than the beginning of the second billing period following the customer’s request and notification has been made.

(e) When a customer is eligible to take service under more than one rate schedule, the utility shall inform the customer at the times specified in par. (f) of the option to select a rate, of the options and service classifications for which the customer may be eligible and the conditions necessary to qualify and of the firm service rate option that would have resulted in the lowest rate based on the previous 12 months’ service and on the metered customer usage information known to the utility. The information provided shall include a general explanation of electric service usage characteristics to assist the customer in selecting the lowest rate consistent with the customer’s anticipated usage and needs. If the customer requests a change in rate classification, it shall be effective at the beginning of the current billing period if required billing information is available, but such change shall be effective no later than the beginning of the second billing period following the customer’s request.

(f) At least once in each calendar year customers with more than one rate option shall be informed of the option to select a rate set forth in par. (e). The notification requirement may be satisfied through the use of a bill insert. The customer shall also be informed of the option to select a rate whenever there is a change in rates that would affect the customer and at any other time the customer so requests. If the utility notifies the customer of the option to select a rate as the result of a rate change or a customer request, such notification shall satisfy the requirement to notify the customer at least once in each calendar year.

(g) Nothing in this section shall be construed as permitting a customer to select a service classification inconsistent with the utility’s applicable tariff provisions or with contractual agreements between the utility and the customer.

(5) Each utility shall offer a budget payment plan to all prospective and existing residential customers and to all commercial accounts for which the primary purpose of the service is to provide for residential living, subject to the following minimum requirements:

(a) A budget payment plan tariff shall be on file with the public service commission, applicable only to charges for utility services under public service commission jurisdiction.

(b) A budget payment plan may be established at any time of the year. The budget amount shall be calculated on the basis of the estimated consumption and estimated applicable rates through the end of the budget year. If the budget year is a fixed year, then prospective and existing customers requesting a budget payment plan after the start of the fixed year shall have their initial monthly budget amount determined on the basis of the number of months remaining in the current budget year.

(c) An applicant for a budget plan shall be informed at the time of application that budget amounts shall be reviewed and changed every 6 months, if necessary, in order to reflect current circumstances. Adjustments to the budget amount shall be made with the objective that the customer’s underbilled or overbilled balance at the end of the budget year shall be less than one month’s budget amount.

(d) Customers on the budget payment plan shall be notified of adjustments by means of a bill insert, a message printed on the bill itself, or both. The customer shall be adequately informed of the adjustment at the same time the bill containing the adjustment is rendered.

(e) Customers who have arrearages shall be allowed to establish a budget payment plan by signing a deferred payment agreement for arrears, according to the provisions of s. PSC 113.0404.

(f) Budget payment plans shall be subject to the late payment charge provisions. In addition, if a budget payment is not paid, the customer shall be notified with the next billing that if proper payment is not received subsequent to this notification, the next regular billing may effectuate the removal of the customer from the budget plan and reflect the appropriate amount due.

(g) At the end of a budget year, if an underbilled or overbilled balance exists in the account, the balance shall be handled as follows:

A customer’s debit balance shall be paid in full or, at the customer’s option, on a deferred basis.
A customer’s credit balance shall be applied, at the customer’s option, against the customer’s account, credited in monthly installments to the customer’s account over the course of the next budget year, or refunded to the customer.

(6) An occupant shall apply for utility service. An occupant who uses utility service but does not apply for it may be billed an estimated or actual amount at a later date for service used prior to the time of application. The utility must have reasonable grounds to establish responsibility for the backbilling. Failure to pay charges resulting from this backbilling may result in disconnection of service. The utility shall inform the occupant of the right to dispute the billing through the dispute procedures set forth in s. PSC 113.0407.

(8)

(a) A utility shall pay interest on customer overpayments not refunded to the customer within 60 days of receipt by the utility if the net amount refunded exceeds $20 per refund and the overpayment was made to the utility due to:

Meters registering fast as defined in s. PSC 113.0924.
Use of an incorrect meter constant or multiplier.
Incorrect service or rate classification, provided the information furnished by the customer to the utility was not deficient, or the customer did not choose the rate as provided in s. PSC 113.0406 (4).
Billing based on a switched meter condition, where the customer was on the incorrect meter.
Misapplication of rates.

(b) A utility is not required to pay interest to customer for overpayments made for:

Financing of service extensions or other equipment.
Budget payment plans.
Estimated bills, if the utility made a reasonable effort to obtain access. Reasonable efforts to gain access means that the utility has notified the customer after 3 consecutive estimated readings that the utility will read the meter at other than standard business hours at the customer’s request.
Receipt of lump sum payments made from an outside source as the Low Income Home Energy Assistance Program or other like programs.

(c) The rate of interest to be paid shall be calculated in the same manner as provided for in s. PSC 113.0402 (9) (b). Interest shall be paid from the date when the customer overpayment occurred until the date when the overpayment is refunded. Interest will be calculated on the net amount overpaid in each calendar year.

(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.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 13-048: r. (7) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 113.0407 Dispute procedures {#sec-psc-113.0407 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0407}

(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:

(a) Investigate the dispute promptly and completely.

(b) Advise the customer of the results of the investigation.

(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.

(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.

(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.

(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.

(3)

(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.

(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.

(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.

(4)

(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.

(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.

(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.

(6)

(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.

(b) The hearing shall conform to the procedures of ss. 196.26 to 196.34, Stats.

(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.

(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.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0408 Application for residential service {#sec-psc-113.0408 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0408}

(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.

(2)

(a) A residential user of electric service shall apply for service.

(b) A utility may require a verbal or written application for residential service. The utility shall establish a written policy for when a written application is required. A utility may accept an application for service from a person other than the user or potential user of service.

(c)

Except as provided in par. (d) and sub. (3), a utility may only require that an applicant provide the following information in an application:

a. Legal name and birthdate of the user of service and the person responsible for bill payment, if different than the user.

b. If the user of service has telephone service, the telephone number of the user of service. If the person responsible for bill payment is different than the user and the person responsible for bill payment has telephone service, the utility may also require the telephone number of the person responsible for bill payment. Lack of telephone service is not grounds for service refusal.

c. Address where service is to be provided.

d. Mailing address if different from service address.

e. Date requested for service to begin.

f. The most recent previous address of the person responsible for bill payment.

g. Initial identification data under subd. 2.

A utility shall accept any of the following items as adequate initial identification data, although it may accept other forms of identification:

a. Driver’s license number.

b. State identification card number.

c. Passport number.

d. Social security number or the last 4 digits of the social security number.

If a utility requests the initial identification data under subd. 2., it shall inform the applicant of all acceptable forms of initial identification data and allow the applicant to choose which the applicant wishes to provide.

(d) If a utility determines that an applicant’s response under par. (c) 1. a. to f. indicates that additional information is necessary to further evaluate the applicant’s credit history or identity, the utility may require the applicant’s addresses for the past 6 years as part of its application for service. Each utility shall establish a written policy for requesting the application information under this paragraph.

(e) A utility may request information other than that listed in pars. (c) and (d), but before requesting it the utility shall inform the applicant that providing that information is optional.

(f) A utility may refuse or disconnect service for failure to provide any information specified in par. (c) 1. a., c., e., and f. or par. (d).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under s. PSC 113.0408 (2) (c) 1. g.

(3) Identity and residency verification.

(a) A utility may require verification of the initial identification data or the residency, or both, of the person responsible for bill payment under any of the following circumstances:

The application is for service at a premises where a bill remains unpaid for service provided within the previous 24 months.
The person responsible for bill payment has an outstanding bill with the utility but claims that the bill was accrued in the person’s name as a result of identity theft.
The applicant fails to provide the initial identification data under sub. (2) (c) 1. g. or the utility finds, with reasonable certainty, that the initial identification information is inaccurate.

(b) A utility shall establish a written policy for when it will require verification of identity or residency under par. (a).

(c) A utility shall accept any of the following items as adequate verification of identity, although it may accept other forms of verification:

Any one of the following items:

a. Valid driver’s license or other photo identification issued by a state, U.S., or tribal governmental entity.

b. Valid U.S. military or military dependent identification card.

c. Valid passport.

Any two of the following items:

a. Social security card.

b. Certified copy of a marriage certificate.

c. Certified copy of a judgment of divorce or legal separation.

d. Military discharge papers, including federal form DD-214.

e. Valid student identification card with the applicant’s photo.

f. Current employee photo identification card that includes information, such as the employer’s telephone number or address, which can be used for verification purposes.

g. Letter of identification from a social service agency or employer that includes information, such as the agency or employer’s telephone number or address, which can be used for verification purposes.

(d)

A utility shall accept any one of the following items as adequate verification of an applicant’s residency, although it may accept other forms of verification:

a. Current utility bill.

b. Current financial institution statement.

c. Rental agreement.

d. Documents indicating home purchase.

e. Current paycheck or pay stub showing the applicant’s name and address, and the employer’s name.

f. Verification of address provided by a social service or government agency.

A utility may require an applicant to provide information that may be used for verification purposes, such as a telephone number or address, if the applicant submits one of the items in subd. 1. b., c., e., or f. to the utility.

(e) If a request for verification of identity or residency is based on par. (a) 2., the utility may require that the applicant provide the information in s. 196.23 (1), Stats.

(f) If a utility requests information under this subsection, it shall inform the applicant of all items that are acceptable for verification of identity or residency, and allow the applicant to choose which items the applicant wishes to provide.

(g) If an applicant refuses to provide the information under sub. (3) (c) or (d) or a utility finds, with reasonable certainty, that the verification is falsified, the utility may request an additional item, refuse service or disconnect service.

(4) Processing applications and providing notice.

(a) Except under exceptional circumstances, a utility shall approve or deny an application for service no later than 10 calendar days after receipt of the information required under this section. An expected high volume of requests for service shall not constitute exceptional circumstances.

(b) A utility shall notify the applicant in writing within 5 days of its denial. A utility may notify an applicant verbally before written notification is sent. An application shall be considered denied when a service refusal has been finalized and no immediate conditions that could change that refusal remain. The notification shall include all of the following:

An explanation of why service is being refused.
The applicant’s right to ask commission staff to review the refusal.
The commission’s address, telephone number and web site.

Note: For example, if a utility has told a customer that it would supply service if the customer makes a payment, enters a deferred payment agreement or provides additional identity or residency information under sub. (3), the refusal is still conditional and has not been finalized.

(c) If a third party applies for service, a utility shall send written notification of the application to the most recent previous address of the person responsible for payment and the address for which service has been requested.

(d) If an applicant indicates that a third party is responsible for payment, a utility shall send written notification of the approval or denial of an application to both the third party and the applicant within 5 days of the application’s approval or denial, although a utility may notify the third party and applicant before written confirmation is sent. If service is refused, the written notification shall include the information in par. (b) 1. to 3.

History

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.

Wis. Admin. Code § PSC 113.0409 Application for commercial and farm service {#sec-psc-113.0409 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0409}

(2)

(a) A user of electric service shall apply for service in a form specified by the utility.

(b) A utility may require a verbal or written application for commercial or farm service. The utility shall establish a written policy for when a written application is required. A utility may accept an application for service from a person other than the user or potential user of service.

Legal name of the user of service and the person responsible for bill payment, if different than the user.
Telephone number of the user of service and the person responsible for bill payment, if different than the user.
Address where service is to be provided.
Mailing address if different from service address.
Date requested for service to begin.
The most recent previous address of the person responsible for bill payment.
Credit information under par. (e).
Initial identification data under par. (f).

(d) A utility may request information other than that listed in par. (c), but before requesting it the utility shall inform the applicant that providing that information is optional.

(e) A utility may request reasonable credit information from a commercial or farm applicant as part of its application for service. A utility shall establish a written policy about when it will request credit information and what credit information it will request.

(f) A utility shall accept any of the following items as adequate initial identification data, although it may accept other forms of identification:

Federal employer identification number or proof that it has been applied for but not yet granted.
Wisconsin department of financial institutions identification number.
Wisconsin seller’s permit identification number.

(g) A utility may refuse or disconnect service for failure to provide any information specified in pars. (c) 1. to 7. or (f).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under par. (c) 8.

(3) Identity verification.

(a) A utility may require verification of the initial identification data of an applicant for commercial or farm service under any of the following circumstances:

An applicant refuses to provide the information under sub. (2) (c), (e), or (f).
The utility finds, with reasonable certainty, that the information provided under sub. (2) (c), (e), or (f) is falsified.

(b) A utility shall establish a written policy for when it will require verification of identity under this subsection.

(c) A utility shall accept any of the following items as adequate verification of identity, although it may accept other forms of verification:

State or federal income tax returns.
Internal Revenue Service letter assigning federal employer identification number.
Wisconsin seller’s permit or department of revenue letter assigning a Wisconsin seller’s permit identification number.
Business articles of incorporation, partnership agreement, limited liability company articles of organization, or similar organizational documents.

(d) A utility may refuse or disconnect service if it does not obtain adequate verification of identity.

(4) Processing applications and providing notice.

(b) A utility shall notify the applicant in writing within 5 days of the denial of application. A utility may notify an applicant verbally before written notification is sent. An application shall be considered denied when a service refusal has been finalized and no immediate conditions that could change that refusal remain. The notification shall include all of the following:

An explanation of why service is being refused.
The applicant’s right to ask commission staff to review the refusal.
The commission’s address, telephone number and web site.

Note: For example, if a utility has told a customer that it would supply service if the customer makes a payment, enters a deferred payment agreement or provides additional identity information under sub. (3), the refusal is still conditional and has not been finalized.

(c) If a third party applies for service, a utility shall send written notification of the application to the potential user’s mailing address and the address for which service has been requested.

History

CR 13-048: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 113.0410 Billing statement inserts {#sec-psc-113.0410 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0410}

No offer, advertisement, solicitation, announcement, statement, representation or other material shall be placed on a customer’s billing statement unless it meets the criteria of s. 196.595 (2), Stats., or ch. PSC 113.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0412 Limiting connected load {#sec-psc-113.0412 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0412}

If the utility maintains a rate based on connected load, provision shall be made in its rules whereby the customer may arrange his or her load or wiring in such manner as is reasonably acceptable to the utility, whether by the use of double-throw switches or such other devices as may be approved by the utility, so that only a portion of the load may be served at one time and whereby, in such cases, the connected load to be used for the computation of charges shall be the largest load which can be served at any one time.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter V Customer Service and Protection

Wis. Admin. Code § PSC 113.0501 Information available to customers {#sec-psc-113.0501 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0501}

(1) Each utility shall have available in its offices where payments are received and at area libraries, copies of its rates and rules applicable to the locality. The rates and rules shall be available for customer inspection by electronic, written or telephonic means and reasonable notice as to their availability shall be provided to customers.

(2) Each electric utility, for every municipality in which it serves shall provide in the respective telephone directories a telephone listing by which the utility can be notified during a 24-hour day of any utility service deficiency or emergency which may exist.

(3) Where a second language is common in a particular area served by the utility and so identified by the commission, all rules pertaining to billing and credit shall be available upon customer request, for distribution in English and that second language in every business office of the utility in that area accessible to the public and where customer payments are received.

(4) Each utility shall provide written notice to its residential customers annually and a written notice to all new residential customers, at a minimum, of the rules on deposits, payment options including deferred payment agreements and budget billing, disconnection and dispute procedures; of the availability of information on energy conservation practices, of the availability of a clear, concise record of the customer’s actual electric consumption (or actual degree-day adjusted electric consumption) for each billing period during the prior 12 months or the actual number of months that the customer has lived at that location if less than 12 months and of the availability of agencies or programs which may provide financial aid assistance or counseling; and contain a reply procedure to allow customers an opportunity to advise the utility of any special circumstances, such as the presence of infants or elderly persons or the use of human life-sustaining equipment and to advise the utility to contact a specific third party agency or individual prior to any disconnection action being taken.

(5) A utility shall provide on request to current or prospective customers, tenants or property owners residential energy consumption information. This information shall include either the average consumption for the prior 12-month period or figures reflecting the highest and lowest consumption amounts for the previous 12 months. Provision of this information is neither a breach of customer confidentiality nor a guarantee or contract by the utility as to future consumption levels for the premises in question. The requestor shall be entitled to one such statement at a charge not in excess of $1 once every 12 months. Additional statements shall be furnished if the customer pays the utility’s reasonable costs of preparing and furnishing the statement.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0502 Planned service interruptions {#sec-psc-113.0502 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0502}

(1) Unless conditions of an actual or potential emergency nature require otherwise, each utility shall strive to give reasonable advance notice to affected customers of each planned service interruption expected to last more than 30 minutes. No such notification is necessary when applying load control or on-peak control systems.

(2) Whenever feasible, interruptions expected to last more than 1 hour and affect more than 100 customers, or interruptions to critical loads, shall be scheduled for periods which will cause a minimum of customer inconvenience.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0503 Telephone answering time {#sec-psc-113.0503 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0503}

(1) In this section:

(a) “Computerized call center system” means a system where an automatic call distributor is used to manage incoming calls and to place calls in a queue and that has the capability to generate significant statistical information.

(b) “Speed of answer” means the amount of time it takes for a call to be connected to either a live agent or an automated system that is ready to assist the customer and is measured beginning from the point when the call is first queued to be connected.

(2)

(a) A utility or its agent shall maintain sufficient employees and equipment to achieve an average speed of answer of not more than 90 seconds. The average speed of answer shall be determined by summing the total queuing time and dividing by the total number of customer calls handled by automated systems. A utility or its agent shall calculate this average speed of answer on a monthly basis, including customer service calls, outage calls and emergency calls.

(b) A utility or its agent shall maintain sufficient employees to achieve an average speed of live response of not more than 90 seconds. The average speed of live response shall be determined by summing the total time from indication of request for live response and divided by the total number of calls answered by a live agent. A utility or its agent shall calculate this average speed of answer on a monthly basis, including customer service calls, outage calls and emergency calls.

(3) A utility or its agent shall give emergency calls the highest priority and shall be generally available for all calls and must provide customers with the option of selecting a live agent contact among those selections presented by any computerized call center system.

(4) A utility or its agent shall maintain average speed of answer data in a manner set forth by the commission and must provide customers with the option of selecting a live agent contact among those selections presented by any computerized call center system.

(5) The requirements of subs. (2) to (4) do not apply in either of the following circumstances:

(a) To a utility or its agent that do not use a computerized call center system.

(b) During natural disasters, severe weather, or other events beyond the utility’s control that adversely impact the utility’s telephone answering capabilities.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0504 Change in type of service {#sec-psc-113.0504 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0504}

(1) If a change in type of service, such as from 25 to 60 Hertz, or a change in voltage to a customer’s substation, is effected at the insistence of the utility and not solely by reason of increase in the customer’s load or change in the character thereof, the utility shall share equitably in the cost of changing the equipment of the customers affected as determined by the commission in the absence of agreement between utility and customer.

Note: The change in customer’s equipment should be made with the greatest possible economy to the customer and final settlement made at the time of the change. Substantially the following basis was prescribed by the commission in Jackman v. Janesville Electric Co., 17 W.R.C.R. 356 and has been customarily adopted as the basis for settlement:

Payment by the utility to the customer of:

1. The remaining value of the customer’s electrical equipment which is made obsolete;

2. The cost of making the resulting necessary change in interior wiring; and

3. The cost of installing the new equipment and removing the old, less the salvage value of such equipment as the customer retains.

(2) If a utility changes its standard voltage it shall notify customers in advance and if customer equipment other than lamps must be changed, an adjustment as required in sub. (1) hereof shall be made. If tests of a representative sample of customers’ meters indicate that meters have started to creep because of the voltage increase or if the tests of the representative sample show that meters average more than 0.5% fast, meters affected by the change in voltage shall be tested and adjusted.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0505 Low-income service requirements {#sec-psc-113.0505 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0505}

(1) A utility shall maintain and deliver services that ensure safe, affordable, reliable service and attempt to mitigate and prevent energy hardships before they arise. The utility shall strive to meet the following five goals: to serve the target population of customers with actual or potential energy hardships, to provide customers with the assistance they need, to educate internal utility staff so that they understand low-income households and are aware of services offered by the utility and outside resources, to adapt and improve and to establish and maintain inter-utility coordination. The utility shall maintain sufficient data on its performance with regard to the goals and parameters of this section in a manner satisfactory to the commission. Effectiveness in meeting the service requirements shall be monitored and measured against the following parameters:

(a) A description of the utility’s low-income/at-risk customer services including the mission/vision/goals and organizational staffing structure. The report shall include the organizational staffing structure, name, telephone number, location, position description and training of representatives who staff the services for low-income/at-risk customers.

(2) Any information received from individual customers which serves to identify them individually, by usage or status, shall not be released by a utility to any source other than a utility low-income assistance program or the customer, without the customer’s consent. In preparing summaries or reports, a utility shall not provide any information from which the identity, usage, or account status of any individual customer can be ascertained.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0506 Stray voltage service fees {#sec-psc-113.0506 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0506}

(1) All investor-owned electric utilities which have annual gross operating revenues related to electricity of less than $100,000,000 and all electric cooperatives with retail customers organized under ch. 185, Stats., will be assessed a service fee of $500 per investigation under the scope of the stray voltage program.

(2) All investor-owned electric utilities which have annual gross operating revenues related to electricity of more than $100,000,000 shall be assessed according to s. 196.857 (1m), Stats.

(3) Electric cooperatives with retail customers organized under ch. 185, Stats., will be assessed a total of $50,000 annually. Each electric cooperative shall provide an equal portion for this assessment. The amounts received under this paragraph shall be credited to the appropriation made in s. 20.155 (1) (L), Stats., and credited against the assessment collected under s. 196.857 (1m) (a), Stats. The cooperatives shall pay the total amount that is assessed within 30 days after it receives a bill for that amount from the commission. The bill constitutes notice of assessment and demand of payment.

(4) Each applicant for stray voltage program services may be assessed a fee not to exceed $300.

(5) Reasonable fees, based on actual costs, may be assessed for services rendered other than those for the on-farm site-related fees in subs. (1) and (4). The fees collected in this paragraph shall be credited to the appropriation account under s. 20.155 (1) (L), Stats.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0507 Unconscionability {#sec-psc-113.0507 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0507}

(1) If the commission finds that any conduct or aspect of a transaction directed against a customer by a utility is unconscionable, it may refuse to enforce any unconscionable aspect or conduct to avoid any unconscionable result.

(2) Without limiting the scope of sub. (1), the commission may consider, among other things, the following as pertinent to the issue of unconscionability:

(a) That the practice unfairly takes advantage of the lack of knowledge, ability, experience or capacity of customers.

(b) That those engaging in the practice know of the inability of customers to receive benefits properly anticipated from the goods or services involved.

(c) That there exists a gross disparity between the price of goods or services and their value as measured by the price at which similar goods or services are readily obtainable by other customers, or by other tests of true value.

(d) That the practice may enable merchants to take advantage of the inability of customers to reasonably protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education or similar factors.

(e) That the terms of the transaction require customers to waive legal rights.

(f) That the terms of the transaction require customers to unreasonably jeopardize money or property beyond the money or property immediately at issue in the transaction.

(g) That the natural effect of the practice would reasonably cause or aid in causing customers to misunderstand the true nature of the transaction or their rights and duties thereunder.

(h) That the writing purporting to evidence the obligation of the customer in the transaction contains terms or provisions or authorizes practices prohibited by law.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0508 Oppressive and deceptive practices prohibited {#sec-psc-113.0508 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0508}

A utility shall not engage in any oppressive or deceptive practices. It shall not do any of the following:

(1) Use or threaten force or violence to cause physical harm to the person, dependents, or property of the ratepayer.

(2) Threaten criminal prosecution without merit or authority.

(3) Initiate or threaten to initiate communications with the ratepayer’s employer except as permitted by statute.

(4) Engage in any conduct which can reasonably be expected to threaten or harass a ratepayer.

(5) Claim or attempt to claim to enforce a right, with knowledge or reason to know that the right does not exist.

(6) Use obscene, threatening, or abusive language in communicating with a ratepayer or a person related to a ratepayer.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0509 Landowner easements {#sec-psc-113.0509 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0509}

(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.

(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.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0510 Tree trimming contacts {#sec-psc-113.0510 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0510}

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.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0511 Oak tree cutting and pruning {#sec-psc-113.0511 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0511}

(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.

(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.

(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.

(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.

(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:

(a) Storm-related damage to electrical facilities and/or adjacent trees has caused or could cause a power outage.

(b) Bringing electrical service into a new residence or business.

(d) Rebuilding or upgrading distribution facilities.

(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.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0512 Identification of potential power line natural hazards {#sec-psc-113.0512 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0512}

(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.

(2) Inspection to identify potential power line natural hazards.

(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.

(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.

(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.

Note: 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.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0513 Wetlands work {#sec-psc-113.0513 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0513}

Insofar as is practical, any electric transmission and distribution line construction work in wetlands shall be scheduled and completed at times when the wetlands are frozen in order to minimize damage or disruption.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter VI Safety and Service Standards

Wis. Admin. Code § PSC 113.0601 Standards for electric service reliability {#sec-psc-113.0601 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0601}

(1) The purpose of ss. PSC 113.0601 to 113.0605 is to establish standards and reporting requirements to provide consumers, the commission and electric utilities with a uniform method to monitor the reliability of electric service delivered in an electric utility’s operating area. These rules adopt definitions and requirements for maintenance of interruption data, retention of records and report filing, in addition to those in the other sections of subch. IV.

(2) In general, utilities are expected to provide sufficient resources to assure reasonably adequate and reliable service to all of their customers under normal operating conditions. These standards establish the reliability of service on an annual basis under all operating conditions, including during major storms, major catastrophic events and police actions. A utility may supply supplemental reliability statistics excluding the aforementioned situations (in addition to the statistics with those events included) with a written justification for exclusion.

(3) The commission will use this information to measure and monitor overall reliability performance of individual utilities. The commission may review data by utility, trends of measures over time and comparison of measures between and among utilities of similar characteristics. Where necessary, the information may be used by the commission to take enforcement actions through other proceedings to maintain or improve reliability performance and to assure customers are receiving reasonably adequate service.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0602 Definitions {#sec-psc-113.0602 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0602}

In ss. PSC 113.0602 to 113.0605, the following definitions shall apply:

(1) “Average number of customers served” means the number of active metered customer accounts as available in a utility’s interruption reporting database on the day that an interruption occurs.

(2) “Circuit” means a set of conductors serving customer loads that are capable of being separated from the serving substation automatically by a recloser, fuse, sectionalizing equipment, etc.

(3) “Component” means a piece of equipment, a line, a section of line, or a group of items which is an entity for purposes of reporting, analyzing and predicting interruptions.

(4) “Customer” means a separately-metered electrical service point for which a separate bill is rendered, i.e., each meter represents a customer.

(5) “Customer interruption” means the loss of service due to a forced outage for more than five minutes, for one or more customers, which is the result of one or more component failures. For example, a downed house service is one interruption and a disconnected hot leg of a triplex house service, known as a “half-light” condition, is one customer interruption. However, failure of a transformer serving four customers is four customer interruptions.

(6) “Customer interruptions caused by power restoration process” means when customers lose power as a result of the process of restoring power (such as from switching operations and fault isolation). The duration of these outages is included in the customer-minutes of interruption. However, only the customers affected by the power restoration outages that were not affected by the original outage are added to the number of customer interruptions.

(7) “Customer-minutes of interruption” means the number of minutes of forced outage duration multiplied by the number of customers affected. For instance, a 90 minute forced outage on a circuit serving ten customers would total 900 customer-minutes of interruption.

(8) “Electric distribution line” means circuits operating at less than 50,000 volts.

(9) “Forced outage” means an outage which cannot be deferred.

(10) “Major catastrophic events” means train wrecks, plane crashes, or explosions that are beyond the utility’s control and result in widespread system damages causing customer interruptions that affect at least ten percent of the customers in the system or in an operating area and/or result in customers being without electric service for durations of at least 24 hours.

(11) “Major storm” means a period of severe adverse weather resulting in widespread system damage causing customer interruptions that affect at least ten percent of the customers on the system or in an operating area and/or result in customers being without electric service for durations of at least 24 hours.

(12) “Momentary interruption” means an interruption of electric service with a duration shorter than the time necessary to be classified as a customer interruption.

(13) “Operating area” means a geographical sub-division of each electric utility’s service territory that functions under the direction of a company office and may be used for interruption reporting under this part. These areas may also be referred to as regions, divisions, or districts.

(14) “Outage” means the failure of a power system component that results in one or more customer interruptions.

(15) “Outage duration” (reported in minutes) means the one minute or greater period from the initiation of an interruption to a customer until service has been restored to that customer.

(16) “Partial circuit outage customer count” means where only part of a circuit experiences an outage, the number of customers affected is estimated, unless an actual count is available. When power is partially restored, the number of customers restored is also estimated. Most utilities use estimates based on the portion of the circuit restored.

(17) “Planned outages” means those outages which the utility schedules. When customer service interruptions are necessary, the utility should notify affected customers in advance. These interruptions are sometimes necessary to connect new customers or perform maintenance activities safely. They shall not be included in the calculation of reliability indices.

Note: Also see s. PSC 113.0502, Planned service interruptions.

(18) “Police actions” means request or order of police or fire officials to interrupt service due to an emergency.

(19) “Reliability” means the degree to which electric service is supplied without interruption.

(20) “Reliability indexes” include the following performance indices for measuring frequency and duration of service interruptions that have been developed by the Edison Electric Institute (EEI), the Institute of Electrical and Electronics Engineers (IEEE), the Canadian Electric Association (CEA) and the American Public Power Association (APPA). They are recognized as standard definitions for the electric utility industry and may be applied to entire distribution systems, operating areas, sub-operating areas or individual circuits. Customer interruptions attributed to major storms, major catastrophic events, or police actions, as defined herein, shall be included in the calculation of these indices throughout this standard.

(a) System Average Interruption Frequency Index (SAIFI). The SAIFI index is the average number of interruptions per customer during a year. It is determined by dividing the total annual number of customer interruptions by the average number of customers served during the year.

(b) System Average Interruption Duration Index (SAIDI). The SAIDI index is the average customer-minutes of interruption per customer. It is determined by dividing the annual sum of customer-minutes of interruption by the average number of customers served during the year.

(c) Customer Average Interruption Duration Index (CAIDI). The CAIDI index is the average customer-minutes of interruption per customer interruption. It approximates the average length of time required to complete service restoration. It is determined by dividing the annual sum of all customer-minutes of interruption durations by the annual number of customer interruptions.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (8), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0603 Recording standards {#sec-psc-113.0603 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0603}

(1) Aggregate system reliability performance. Each electric utility with 100,000 customers or more shall keep a record of the necessary interruption data and calculate the SAIFI, SAIDI and CAIDI indices of its system and of each operating area, if applicable, at the end of each calendar year for the previous 12-month period.

(2) Individual circuit reliability performance. Each utility also shall, at the end of each calendar year, calculate the SAIFI, SAIDI and CAIDI indices for each circuit in each operating area. Each circuit in each operating area shall then be listed in order separately according to its SAIFI index, its SAIDI index and also its CAIDI index, beginning with the highest values for each index.

(3) Utilities shall maintain as much information as feasible on momentary outages. Each utility shall keep an annual count of recloser operations, or equivalent information through application of monitoring technology.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0604 Annual report {#sec-psc-113.0604 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0604}

(1) Beginning on May 1, 2001 and by May 1 of every year thereafter, each electric utility with 100,000 customers or more, shall file with the commission a report summarizing various measures of reliability. The form of the report shall be subject to review and approval by the commission staff. Names and/or numbers used to identify operating areas or individual circuits may conform to the utility’s practice, but should allow ready identification of the geographic location or the general area served. Electronic (computer) recording and reporting of the required data and information is encouraged. The report shall include at least the following information:

(2)

(a) An overall assessment of the reliability performance including the aggregate SAIFI, SAIDI and CAIDI indices by system and each operating area, as applicable.

(b) A list of the worst-performing circuits based on SAIFI, SAIDI and CAIDI indexes, for the calendar year. This section of the report shall describe the actions that the utility has taken or will take to remedy the conditions responsible for each listed circuit’s unacceptable performance. The action(s) taken or planned should be briefly described. Target dates for corrective action(s) shall be included in the report. When the utility determines that actions on its part are unwarranted, its report shall provide adequate justification for such a conclusion.

(c) Utilities that use or prefer alternative criteria for measuring individual circuit performance to those described in s. PSC 113.0603 and which are required by this section to submit an annual report of reliability data, shall submit their alternative listing of circuits along with the criteria used to rank circuit performance.

(d) A report on the accomplishment of the improvements proposed in prior reports for which completion has not been previously reported.

(e) A description of any new reliability or power quality programs and changes that are made to existing programs.

(f) A status report of any long range electric distribution plans.

(3) In addition to the information included in sub. (1), each utility shall report the following additional service quality information:

(a) Route miles of electric distribution line reconstructed during the year. Separate totals for single- and three-phase circuits shall be provided.

(b) Total route miles of electric distribution line in service at year’s end, segregated by voltage level.

(c) Monthly average speed of answer, as defined in s. PSC 113.0503 (1) (b), for telephone calls received regarding emergencies, outages and customer billing problems.

(d) The average number of calendar days a utility takes to install and energize service to a customer site once it is ready to receive service. A separate average shall be calculated for each month, including all extensions energized during the calendar month.

(e) The total number of written and telephone customer complaints received in the areas of safety, customer billing, outages, power quality, customer property damage and other areas, by month filed.

(f) Total annual tree trimming budget and actual expenses.

(g) Total annual projected and actual miles of distribution line tree trimmed.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0605 Initial historical reliability performance report {#sec-psc-113.0605 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0605}

(1) Each electric utility with 100,000 customers or more that has historically used measures of system, operating area and circuit reliability performance, shall initially submit annual SAIFI, SAIDI and CAIDI data for the previous three years. Those utilities that have this data for some time period less than three years shall submit data for those years it is available.

(2) Those utilities whose historical reliability performance data is similar or related to those measures defined above, but differs due to how the parameters are defined or calculated, should submit the data it has and explain any material differences from the prescribed indices. After the effective date of this section, utilities shall modify their reliability performance measures to conform to those specified herein for purposes of consistent reporting of comparable data in the future.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0606 Interruptions of service {#sec-psc-113.0606 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0606}

(1) Each utility shall keep a record of all interruptions to service affecting the entire distribution system of any single community or an important division of a community and include in such record the location, date and time of interruption, the duration, the approximate number of customers affected, the circuit or circuits involved and, when known, the cause of each interruption.

(2) When complete distribution systems or portions of communities have service furnished from unattended stations, these records shall be kept to the extent practicable. The record of unattended stations shall show interruptions which require attention to restore service, with the estimated time of interruption. Breaker or fuse operations affecting service should also be indicated even though duration of interruption may not be known.

(3) Each utility shall notify the commission of any event described in par. (a), (b), (c), (d) or (e) involving bulk power supply facilities (any generating unit or electric facilities operating at a nominal voltage of 69 kV or higher):

(a) Any interruption or loss of service to customers for 15 minutes or more to aggregate firm loads in excess of 200,000 kW. Such notification shall be made by telephone as soon as practicable without unduly interfering with service restoration and, in any event, within one hour after beginning of the interruption. A confirming written report shall be submitted within 2 weeks.

(b) Any interruption or loss of service to customers for 15 minutes or more to aggregate firm loads exceeding the lesser of 100,000 kW or half of the current annual system peak load and not required to be reported under par. (a). Such notification shall be made by telephone no later than the beginning of the commission’s next regular work day after the interruption occurred. A confirming written report shall be submitted within 2 weeks.

(c) Any decision to issue a public request for reduction in use of electricity. Notification of such decision shall be made by telephone at the time of issuing such request. A confirming written report shall be submitted within 2 weeks.

(d) Any action to reduce firm customer loads by reduction of voltage for reasons of maintaining adequacy of bulk electric power supply. Notification of such action shall be made by telephone at the time of taking such action. A confirming written report shall be submitted within 2 weeks.

(e) Any action to reduce firm customer loads by manual switching, operation of automatic load shedding devices, or any other means for reasons of maintaining adequacy of bulk electric power supply. Notification of such action shall be made by telephone at the time of taking such action.

(4) Each utility shall notify the commission of service interruptions not involving bulk power supply facilities as follows:

(a) Interruptions of 60 minutes or more to an entire distribution substation bus or entire feeder serving either 500 or more customers or entire cities or villages having 200 or more customers shall be reported within 2 weeks by a written report.

(5) The written reports of subs. (3) and (4) shall include the date, time, duration, general location, approximate number of customers affected, identification of circuit or circuits involved and, when known, the cause of the interruption. When extensive interruptions occur, as from a storm, a narrative report including the extent of the interruptions and system damage, estimated number of customers affected and a list of entire communities interrupted may be submitted in lieu of reports of individual interruptions.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0607 Appropriate inspection and maintenance: system reliability {#sec-psc-113.0607 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0607}

(1) Preventative maintenance plan. Each utility or other person subject to this chapter, including persons who own electric generating facilities in this state who provide service to utilities with contracts of 5 years or more, shall develop and have in place its own preventative maintenance plan. This section is applicable to electric generating facilities as set forth at s. 196.491 (5) (a) 1., Stats. Each plan shall include, among other things, appropriate inspection, maintenance and replacement cycles where applicable for overhead and underground distribution plant, transmission, generation and substation facilities.

(2) Contents of the plan.

(a) Performance standard. The preventative maintenance plan shall be designed to ensure high quality, safe and reliable service, considering: cost, geography, weather, applicable codes, national electric industry practices, sound engineering judgment and experience.

(b) Elements of the plan.

Inspection.

a. The plan under sub. (1) shall include a schedule for the periodic inspection of all facilities owned and operated by the utility and used to provide electric service to its customers. The plan under sub. (1) shall describe the method for inspection of each type of equipment as designated by the reporting utility. Checklist/report forms shall be included in the plan under sub. (1).

b. The plan under sub. (1) shall include guidelines for inspectors to determine the condition of a facility or piece of equipment.

Condition rating criteria. A rating criteria shall be established to grade the condition of a facility or piece of equipment. Rating criteria for generating facilities should conform to generator availability data system (GADS) requirements as reported to the national electric reliability council, or other accepted industry practices.
Corrective action schedule. The results of inspections, assessments and condition rating criteria shall be used to define the schedule for implementing maintenance on the facility or piece of equipment. The plan under sub. (1) shall describe how facilities or equipment corrective action schedules are added to the utility’s budget.
Record keeping. Each utility shall maintain records to allow auditing of its preventative maintenance plan implementation. The records shall include inspection dates, condition rating, schedule for repair (if applicable) and the date of completion of the repair. Inspection and repair records shall be retained for a minimum of ten years.
Filing of plans. Each utility, as well as the transmission company created by s. 196.485, Stats., shall file a plan in compliance with this rule within 180 days of acceptance of the rules or, in the alternative, within 180 days after the utility transmission company or other person subject to this chapter begins operation of a facility subject to this chapter.
Reporting requirements. Each utility shall provide a periodic report to the commission showing compliance with its preventative maintenance plan. The report shall include a list of inspected circuits and facilities, the condition of facilities according to established rating criteria, schedules established and success at meeting the established schedules. For generation facilities, the report shall include a summary of each generating unit’s operating performance statistics based on the utility’s GADS data, or other accepted industry data convention. Reported generating unit performance data shall include net dependable capacity, capacity factor, forced outage rate, scheduled outage factor, primary fuel and production technology type. The commission shall establish a periodic report schedule for each utility of at least once every 2 years.
Exchange of information. At least annually, utilities shall exchange planned outage information for the coming year for expected maintenance and other outages of generators of 50 MW or more and transmissions lines of 100 kV and higher voltage. Utilities shall also supply the same information for nonutility generators of 50 MW or more in their control areas. Utilities shall exchange updates of such information as soon as reasonably practicable when such updated information becomes known.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (2) (a), (b) 1. a. and b. 2. and 3., and (2) (b) 6., Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0608 Emergency response {#sec-psc-113.0608 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0608}

Each utility with 25,000 customers or more shall establish procedures to record and monitor its response times for emergencies, such as calls for assistance from police, fire, emergency medical services officials and any calls or reports of wire contacts, dig-ins, wires down, utility facilities on fire, unauthorized entry into utility facilities, unsecured public access to energized equipment, or any similar activity on or near utility facilities constituting a hazardous condition or an immediate threat or danger to persons, customers’ property, customers business operations or general property. In general, the records of these calls should include the date and time received; the identity (if known) of the caller; the identity of the person receiving the call; the location and nature of the problem, incident, or accident; the time the utility responder arrived at the location; the total time to respond; and the final disposition or resolution of the problem.

Note: It is recognized that strict compliance with this rule may be difficult during major system-wide or large area emergencies, for example, major wind or ice storms where many outage reports may also involve reports of “wires down.” However, reasonable efforts should still be made to identify and give priority response to calls for assistance from police and fire officials who may be “first responders.” This will allow these locations to be secured so the police or fire units can be released to pursue other duties.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0609 Customer satisfaction surveys {#sec-psc-113.0609 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0609}

(1) Using methods approved by the commission, each municipally owned electric public utility and each investor-owned utility with a customer count of 20,000 or less, as directed by the commission where there is cause to do so, and each investor-owned electric public utility with a customer count greater than 20,000, on an annual basis, shall fund quantitative assessments, made by an independent entity, of the satisfaction of all customer classes with the services they have received from the utility. The results of these assessments shall be filed with the commission. The utility shall provide to the commission a detailed report of the information from any research it has conducted in the past year to help assess:

(a) The satisfaction of the utility’s customers with the services they have received from the utility.

(b) The specific new services or alterations to existing services desired by customers.

(2) This information shall at a minimum include the following:

(a) A detailed description of the methods used to conduct the research and analyze the results.

(b) The results of the research, including mean scores for all variables studied, both for the study sample as a whole and for meaningful sample subgroups.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (1) (intro.), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0610 Customers’ complaints {#sec-psc-113.0610 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0610}

(1) Each utility shall investigate and keep a record of complaints received by it from its customers in regard to safety, service, or rates and the operation of its system with appropriate response times designated for critical safety and monetary loss situations. The record shall show the name and address of the complainant, the date and nature of the complaint, the priority assigned to the assistance and its disposition and the time and date thereof.

(2) Each utility also shall document all contacts and action relative to deferred payment agreements and disputes.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0611 Employees authorized to enter customers’ premises {#sec-psc-113.0611 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0611}

The utility shall keep a record of employees authorized pursuant to s. 196.171, Stats., to enter customers’ premises.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0612 Employee safety {#sec-psc-113.0612 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0612}

Each public utility subject to the accident reporting requirements of OSHA shall provide a safety performance report annually to the commission at the same time it is submitted to OSHA. The report shall include the OSHA Incidence Rate and Lost Time Rate. The report shall also include the last 3 years’ average for each of these rates.

Note: Also see ch. PSC 104, Recording and Reporting Utility Accidents.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0613 Maps and diagrams {#sec-psc-113.0613 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0613}

Each utility shall have record systems (maps, records, diagrams, drawings or computer display systems) showing the location of its property, in sufficient detail so that the adequacy of service to existing customers may be checked and facilities located.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0614 Preservation of records {#sec-psc-113.0614 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0614}

A utility shall preserve the following records in a readable format and keep them available for inspection by the commission for the periods indicated. The list is not a complete list of all types of utility records.

Note: See also “Investigation to Consider Proposed Changes to Records Retention Requirements for Electric, Gas and Water Utilities” adopted by the commission in docket 5-US-114, December 12, 2006, as amended March 19, 2009, for a more comprehensive listing of retention periods of specific records.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 13-033: am. Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § PSC 113.0615 Inventory of conductors {#sec-psc-113.0615 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0615}

Each utility shall maintain an inventory of Copperweld conductor, sizes 6A and smaller that is more than 50 years old (as of January 1, 1998). The inventory shall include the amount of such conductor by size and age and its location as needed in the distribution system. Each utility shall submit its inventory to the public service commission every four years until all of this conductor is retired and removed from service.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter VII Voltage Bandwidth and Voltage Distortion Requirements

Wis. Admin. Code § PSC 113.0701 Definitions {#sec-psc-113.0701 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0701}

In ss. PSC 113.0701 to 113.0707, the following definitions apply:

(1) “Flicker” or “voltage flicker” means a variation of input voltage sufficient in duration to allow visual observation of a change in electric light intensity.

(2) “Harmonic distortion” means the mathematical representation of the distortion of the pure sine waveform. Distortion of the pure sine waveform is typically caused by loads that draw current discontinuously or whose impedance varies during the cycle of the input ac voltage waveform.

(3) “Point of service” means the connection point between the customer electrical system and the utility electrical system.

(4) “Power quality” means the concept of powering and grounding sensitive electronic equipment in a manner that is suitable to the operation of that equipment.

(5) “Retail power service” means service furnished principally for electromotive or industrial purposes and may include service for lighting incidental thereto, as defined in the utility’s rates and rules.

(6) “Sag” means an rms reduction in the ac voltage, at the power frequency, for durations from a half-cycle to a few seconds.

(7) “Swell” means an rms increase in the ac voltage, at the power frequency, for durations from a half-cycle to a few seconds.

(8) “Transient” means a subcycle disturbance in the ac waveform that is evidenced by a sharp but brief discontinuity of the wave form. A transient may be of either polarity and may be additive to or subtractive from the nominal waveform.

Note: The definitions used in subsections (1), (2), (4), (7), and (8) are based on the definitions in Authoritative Dictionary of IEEE Standards Terms-7th Ed.

(9) “Steady state voltage” means the rms voltage after all sags, swells and transients have decayed to a negligible value.

(10) “Service voltage” means the steady state voltage at the point of service.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; CR 02-027: am. (1), (2), (4) and (6) to (8), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0702 Standard and maintenance of a service voltage {#sec-psc-113.0702 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0702}

Each utility shall adopt standard nominal service voltages for each of the several areas into which the distribution system or systems may be divided and shall file with the commission a statement of the standard voltages adopted. The service voltage shall be reasonably constant within the following limits:

(1) For all retail service, except retail power service, the service voltage shall not vary by more than 5% above or below the standard voltage.

(2) For retail power service furnished to customers having demands of 500 kilowatts or less, the service voltage shall be no more than 5% above or 10% below the standard nominal voltage.

(3) For retail power service furnished to customers having demands of more than 500 kilowatts, the service voltage shall not vary by more than 10% above or 10% below the standard nominal voltage.

(4) For polyphase voltage unbalance issues, ANSI C.84.1-1989 Appendix D is the reference that will be followed. The utility and its customers may agree to not be constrained to the reference if it is economically beneficial to the customer.

(5) For service rendered to public utilities and others for resale the standard nominal voltage shall be as mutually agreed upon by the parties concerned. If no formal agreement exists, the standard nominal voltage shall vary by no more than 10% above or below the secondary nominal voltage.

(6) The variation in service voltage referred to in subs. (1) to (3) inclusive shall refer to a steady state voltage.

(7) Upon customer request, the utility shall investigate line voltage variations and disturbances, associated with voltage sags, swells and transients, at the point of service. Requests for tests may be limited in availability, number or frequency for the same customer at the same location where previous tests have indicated that the variations and disturbances are within acceptable industry limits. The utility may establish rules for certain customers to decrease the incidents of these variations and disturbances as seen by other customers.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0703 Variations of voltage {#sec-psc-113.0703 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0703}

(1) Service interruptions, or voltage sags, swells and transients caused by the action of the elements, temporary separation of parts of the system from the main system, infrequent or unavoidable fluctuations of short duration, equipment failure, normal system operations necessary operations to safeguard employees or the general public, or other causes beyond the control of the utility shall not be considered a violation of these rules.

Note: Voltage fluctuations, transients, sags and swells may affect the performance of certain types of equipment or operations and should be considered by the customer. Customers having equipment or operations that are sensitive to such voltage fluctuations, or that require service other than that specified by these rules may find it necessary to install, at their own expense, power conditioning equipment or other modifications to protect, mitigate or otherwise provide the type of service needed.

(2) In order to limit the impact of voltage variations, utilities may establish starting and operating criteria for equipment on customer premises. Customer loads shall be sized and operated in accordance with such criteria.

(3) If procedures for voltage reduction during emergency operating conditions have been filed with and accepted or approved by the commission, variations of voltage in excess of those specified in ss. PSC 113.0702 and 113.0703, resulting from implementation in accordance with the specified procedures, shall not be considered a violation of these rules.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0704 Harmonics of 60 Hz voltage waves {#sec-psc-113.0704 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0704}

Utilities shall make reasonable efforts to investigate equipment operating problems suspected to be associated with harmonic distortion of the 60 Hz voltage sinewave at the point of service. When the source of the harmonic distortion is determined to be equipment operated by a specific customer, the utility shall notify the customer and it shall be the customer’s responsibility to correct the problem. When corrective action is necessary, the guideline to be used is the 1992 IEEE Standard 519.

Note: See s. PSC 113.0201.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0705 Power quality diagnostic services {#sec-psc-113.0705 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0705}

(1) Each utility shall own or otherwise arrange to have available when needed, suitable monitoring equipment for surveying its system and the electrical system of its customers at the point of service for power quality problems; such as harmonic distortion, voltage sags and swells, transients and flicker; that may adversely affect or interfere with the overall adequacy of service to its customers. If the source of the power quality problem is determined to be equipment operated by a specific customer, the utility shall notify the customer and it shall be the customer’s responsibility to correct the problem. If the problem is caused by the utility delivery system operating outside the limits set forth in s. PSC 113.0702 the responsible utility shall correct the problem.

(2) The utility and the affected and/or offending customer shall cooperate as necessary to promptly investigate, diagnose and resolve power quality complaints and problems. The utility shall share the results of its investigation with the affected and/or offending customer. If a utility offers power quality correction or mitigation services or equipment through a non-regulated affiliate or otherwise as a non-utility service, it may advise the customer of this option, but shall disclose the non-utility nature of this offering and that the customer is not obligated to take such services from the utility or its affiliate.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0706 Check of standards by commission {#sec-psc-113.0706 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0706}

(1) Each utility shall submit to a public service commission-approved calibration facility once each year a portable digital standard watthour meter and once each 2 years a portable digital indicating voltmeter or multimeter, unless waived by the commission under the provisions of s. PSC 113.0902 (1). Smaller Class C and D utilities, may be allowed to continue to use the older electromechanical portable watthour standard for a reasonable future time period, if so authorized by the commission.

Note: The rapid movement to the newer fully-electronic digital watthour standards by the measurement industry has limited a laboratory’s ability to get replacement parts needed to maintain and calibrate the older electromechanical standards. All utilities have been advised of the need to acquire electronic/digital standards when it is reasonably feasible to replace the older obsolete electromechanical standards.

(2) Each utility shall be equipped with or otherwise arrange to have available when needed, portable digital indicating and recording voltmeters having internal memory channels of an accuracy and quantity sufficient to make a determination that the service voltage supplied to their customers complies with the requirements set forth in ch. PSC 113. This instrument shall be maintained with an error no greater than 0.8% of full scale.

Note: (1) Caution should be exercised in using digital meters in areas of high electrical fields such as in close proximity to substations, high voltage lines, transformers, regulators, etc., as unstable or erroneous readings may result.

(2) Those utilities which operate standards laboratories will require primary or laboratory grade instruments of a higher accuracy class than required above.

(3) Each recording voltmeter shall be checked with an indicating voltmeter when it is placed in operation and when it is removed, or periodically if the instrument is in a permanent location. Notations for each record shall indicate when the registration began (time and date) and when the record was ended, as well as indicate the point where the voltage was taken. For non-digital recorders, also include the results of the check with an indicating voltmeter.

(4) Utilities with more than 1,000 customers shall have or otherwise arrange to have available when needed, one or more digital recording voltmeters with the appropriate programs to measure both the quality and quantity of the voltage and currents at the point of service. The meters shall be capable of storing the test results in such a manner as the records could be reviewed via a personal computer-based system.

(5) Upon customer request each utility shall make a sufficient number of voltage measurements at the point of service to verify its compliance with these rules. These voltage records, unless replaced by more recent records, shall be available for inspection by the commission for a period of 2 years

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0707 Radio and television interference {#sec-psc-113.0707 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0707}

(1) Each utility shall own or otherwise arrange to have available when needed, suitable monitoring equipment for surveying its lines and equipment for possible radio and/or television interference.

(2) Each utility shall establish and routinely utilize in the course of regular operation, means whereby the presence of radio and/or television interference may be detected.

(3) Each utility shall, upon notification or detection of the presence of radio and/or television interference, survey its lines and equipment for possible sources of radio and television interference. When significant interference is found, reasonable measures shall be taken to locate the source and, if on the utility’s system, to mitigate the interference. Where the magnitude and nature of the interference is found to be so small, intermittent or insignificant that it affects only a few customers or a particular, unique piece of customer equipment that may have limited capabilities to receive weak signals, it may be necessary to limit the utility’s responsibility for mitigation to reasonable, cost-effective measures.

Note: In some cases, some interference from the utility’s system may be detected, but found to be insignificant and inconsequential for the majority of customers. Its elimination or mitigation may still not result in adequate reception of some signals. In many areas, radio or television reception of some transmissions is normally inadequate due to frequency, weak signal strength, high ambient noise, distance from the source, terrain or other obstacles beyond the utility’s control. The capabilities and limitations of the customer’s receiver should also be evaluated and considered in determining the nature, extent and cost of the utility’s mitigation activities. Also, other options may be available and more feasible, for example, applying the mitigation to the customer’s equipment or substitution of cable television (CATV) or digital satellite service for local antenna systems.

(4) Where the source of interference is determined to be equipment owned by a specific customer, the customer shall be so advised and informed of his or her responsibility to correct the problem (see s. PSC 113.0201).

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter VIII General Customer Metering and Meter Accuracy

Wis. Admin. Code § PSC 113.0801 Measuring energy on system {#sec-psc-113.0801 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0801}

Where practical to do so, all electrical quantities required to be reported to the commission shall be metered. Quantities may be calculated when permitted by s. PSC 113.0802.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0802 Measuring customer service {#sec-psc-113.0802 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0802}

(1) Except as provided in sub. (2), all energy sold to customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility. All other electrical quantities which the rates or utility’s rules indicate are to be metered shall be metered by commercially acceptable instruments owned and maintained by the utility.

(2) For temporary or special installations where it is impractical to meter loads, such as certain highway or area lighting which may be billed at a flat rate based on lamp rating and use, the consumption may be calculated.

(3) The metering and wiring in nontransient, multi-dwelling-unit residential buildings, mobile home parks and commercial establishments where individual unit metering is provided, or required under the provisions of s. PSC 113.0803, shall be so installed or arranged so that each customer or tenant is metered for his or her own consumption only. Energy used by common area loads, for example, hallway lighting and heating, shall be separately metered and billed as appropriate under the utility’s filed tariff.

(4) Utilities shall inspect existing properties for jointly metered service where a tenant reasonably suspects that he or she is being billed for significant usage (e.g., furnace, water heater, etc.) that is serving more than one rental dwelling unit. The utility may bill the property owner for such an inspection. See s. 196.643, Stats.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0803 Individual electric meters required for non-transient multi-dwelling unit residential buildings, mobile home parks and for commercial establishments {#sec-psc-113.0803 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0803}

(1) Each dwelling in a multi-dwelling unit residential building or mobile home park constructed after March 1, 1980, shall have installed a separate electric meter for each such dwelling unit. Dwelling unit means a structure or that part of a structure which is used or intended to be used as a home, residence or a sleeping place by one or more persons maintaining a common household and shall exclude transient multi-dwelling buildings and mobile home parks: for example, hotels, motels, campgrounds, hospitals, community-based residential facilities, residential care apartment complexes or similar facilities, nursing homes, college dormitories, fraternities, and sororities.

Note: “Community-based residential facilities” and “residential care apartment complexes” have the meanings provided in s. 50.01, Stats.

(2) Each tenant space in a commercial building constructed after March 1, 1980 shall have installed a separate electric meter.

(4) For the purpose of carrying out the provisions of subs. (1) to (2), individual unit metering will not be required:

(a) For a commercial building where the commercial unit space requirements are subject to alteration, as evidenced by temporary versus permanent type of wall construction separating the commercial unit spaces. Examples of temporary wall construction are partition walls which do not extend through the ceiling and walls which do not constitute a code-required fire separation.

(b) For electricity used in central heating, ventilating and air conditioning systems.

(bm) For a multi-dwelling unit residential building that meets one or more of the following conditions:

The electric equipment under tenant control meets established high energy efficiency standards consistent with standards used in a statewide energy efficiency programs under s. 196.374 (2) (a), Stats., federal energy efficiency standards, or other similar energy efficiency standards or programs and the average electric energy use per unit is projected to be less than half of the average monthly residential use per customer in Wisconsin based on the previous five-year average of U.S. energy information administration data, Wisconsin energy statistics, or similar state or federal government data. Onsite energy technologies that offset overall usage shall be factored into usage projections.
For a newly constructed building, the building design meets high energy efficiency standards. A building design meets high energy efficiency standards if the developer or owner of the building participates in programming for newly constructed buildings offered through a statewide energy efficiency program under s. 196.374 (2) (a), Stats., or a similar program.
The building is under contract with a local, state, or federal affordable housing program.

(5) For reasonable cause shown, the commission may grant waivers of this rule on a case-by-case basis. Applications for a waiver must be submitted to the commission in writing and set forth the facts or reasons the applicant believes justify a waiver.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (1), Register December 2002 No. 564, eff. 1-1-03; CR 25-010: am. (1), r. (3), am. (4) (intro.), (a), cr. (4) (bm), r. (4) (c), am. (5) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § PSC 113.0804 One-point metering {#sec-psc-113.0804 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0804}

Every reasonable effort shall be made to measure at one point all the electrical quantities necessary for billing a customer under a given rate.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0805 Tamper-resistant equipment {#sec-psc-113.0805 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0805}

Where electrical energy has been diverted or the utility’s equipment for measuring the service or controlling a customer’s load has been interfered with, the utility may require the customer to install entrance and service equipment to prevent current diversion or interference with the metering or control equipment.

Note: See s. PSC 113.0808.

Note: Care should be taken in determining the existence of diversion and amount of energy diverted. In case check-meters are used, the possibility of grounds between meters, normal meter inaccuracies and incorrect connections of meters should not be over-looked. The requirements of the Wisconsin state electrical code for entrances should effectively prevent such diversion. Attention is directed to ss. 939.32 and 943.20, Stats.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0806 Multipliers and test constants {#sec-psc-113.0806 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0806}

(1) Meters which are not direct reading shall have the multiplier plainly marked on the dial of the instrument or otherwise suitably marked and all charts taken from recording meters shall be marked with the date of the record, the meter number, customer and chart multiplier.

(2) The register ratio shall be marked on all meter registers.

(3) The watthour constant for the meter itself shall be placed on each watthour meter.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0807 Meter compensation {#sec-psc-113.0807 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0807}

(1) Metering equipment shall not be set “fast” or “slow” to compensate for supply transformer or line losses.

(2) Loss compensators designed to be used with meters and which accurately add iron losses, copper losses, or both may be used. The compensator shall carry a tag identifying the compensation and shall be tested when the associated meter is tested and when the associated supply equipment on lines are changed.

Note: See s. PSC 113.0917 which covers test requirements for transformer loss compensators.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0808 Sealing meters and service entrance equipment {#sec-psc-113.0808 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0808}

(1) Meters and metering equipment enclosures, which if open, would permit access to live parts from which energy could be used without proper measurement and utility-owned devices and equipment located on a customer’s property for the control of his or her, load shall be sealed.

(2) Where the entrance switch is combined with meter-test facilities, or is installed on the supply side of the meter, the entrance switch boxes may be sealed by the utility. The customer may remove the seal from any fuse compartment to replace fuses if the utility is promptly notified that such seal has been broken.

(3) Where a utility supplies different classes of service at different rates to the same premises, such as lighting service and electric water heating service, the utility may seal the service switches.

(4) Sealing and resealing shall be without charge to the customer.

(5) This rule shall not require modernization of old installations or the sealing of installations which cannot practicably be sealed. Sealing shall not be such as to interfere with the operation of any switch or protective equipment.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0809 Installation of metering equipment {#sec-psc-113.0809 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0809}

(1) The customer or the customer’s agent should confer with the utility as one of the first steps in planning an electrical installation. The watthour meter should be located where it will be readily accessible for reading, testing and repairs and where it will not be subjected to adverse operating conditions or cause inconveniences to the customer. Normally, the utility shall determine the location and type of metering equipment to be installed.

(2) The utility should have available for distribution to customers, architects, contractors and electricians copies of rules, specifications and requirements that may be in force relative to meter installations. Installations should conform to such specifications and to applicable codes and safety requirements.

(3) Whether installed indoors or outdoors, meters should not be located where they will be subject to vibration or mechanical damage and should be mounted without tilt.

(4) Meters and associated equipment used on outdoor installations shall be designed specifically for such use or shall be suitably housed for outdoor service. Meters installed outdoors should not be located where they may be damaged, such as on buildings where unguarded meters will extend into alleys, walkways or driveways.

(5) Meters installed outdoors should not be more than 6 feet or less than 4 feet above final ground level (measured from the center of the meter cover) except in the case of meters on pedestals or padmounted transformers where they shall be placed as high as practicable and meters on underground services which may, when practicable, be placed as low as 2.5 feet above final ground level (measured from the center of the meter cover). On individual installations indoors, the meter should be not more than 6 feet or less than 4 feet above floor level (measured from the center of the meter cover). On group installations of meters indoors, no meter should be more than 6 feet or less than 2 feet above floor level (measured from the center of the meter cover). When a number of meters are placed on the same meter panel the distance between centers should be not less than 8.5 inches vertically or 7.5 inches horizontally. For meters installed both indoors and outdoors there should be a minimum of 3 feet of unobstructed space in front of the meter from the surface on which it is mounted.

(6) When there is more than one meter at a location, each shall be so tagged or marked as to indicate the circuit metered. Where similar types of meters record different quantities (for example, kilowatt-hours and reactive power) the meters shall be tagged to indicate what they are recording.

(7) Test facilities shall be placed in enclosures of sufficient size and of such construction as to make it possible for meter testers to perform the tests required by these rules with safety.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0810 Rental charge for metering equipment {#sec-psc-113.0810 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0810}

The utility may charge a rental for equipment installed to furnish additional metering information to a customer for his or her use or because of governmental requirements.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0811 Accuracy of watthour meters {#sec-psc-113.0811 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0811}

In this section, “meter” or “meters” may refer to metering system(s).

(1) Watthour meters used for measuring electrical quantities supplied to customers shall:

(a) Be of proper design for the circuit on which they are used, be properly connected and installed, be in good mechanical condition, have adequate insulation, correct internal connections and correct register.

(b) Not creep at “no load” a full revolution of the disk in 10 minutes or less when the load wires are disconnected and potential is impressed or in a test in the shop where the load wires are disconnected and the permissible voltage variation impressed. If the rate of creep can be determined in a shorter interval, it is not necessary to wait the full 10-minute period.

(c) If the meters are designed for use on alternating current circuits, they shall be accurate to within plus or minus 1% at 2 load tests: one equal to between 8% and 12% of full reference test current at unity power factor and the other between 90% and 110% of full reference test current at unity power factor; and for polyphase meters, shall be accurate to within plus or minus 2% at between 75% and 100% full reference test current and approximately 50% lagging power factor. For self-contained meters the reference test current shall be the ampere or test ampere rating of the meter, whichever is shown on the nameplate. For meters used with current transformers the reference test current shall be the test-ampere rating of the meter or the secondary rating of the current transformers.

Note: See s. PSC 113.0926 (2) for accuracy requirements for meters operating in the reverse-registration mode.

(2) Polyphase meters shall have their stators in balance within 2% at 100% load at unity and at approximately 50% lagging power factor.

(3) Meters used with instrument transformers shall be adjusted, if necessary, so that the overall accuracy of the metering installation will meet the requirements of this rule.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: r. (4), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0812 Accuracy of demand meters {#sec-psc-113.0812 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0812}

In this section, “meter” or “meters” may refer to metering system(s).

(1) A demand meter, demand register, or demand attachment used to measure customer’s service shall:

(a) Be in good mechanical and electrical condition.

(b) Have proper constants, indicating scale, contact device and resetting device.

(d) Be accurate to the following degrees:

Curve drawing meters which record quantity time curves and integrated-demand meters shall be accurate to within plus or minus 2.0% of full scale throughout their working range. Timing elements measuring specific demand intervals shall be accurate to within plus or minus 2.0% and the timing elements which serve to provide a record of the time of day when the demand occurs shall be accurate to within plus or minus 4 minutes in 24 hours.
Lagged-demand meters shall be accurate to within plus or minus 4% of full scale at final indication.

(2) The overall accuracy of demand metering installations utilizing pulse-initiator and pulse-recorder equipment shall be acceptable when the monthly kilowatt-hours calculated from the pulse count do not differ from the corresponding kilowatt-hour meter registrations by more than the kilowatt-hour constant of the meter, or 2%, whichever is greater. The timing element error shall not be more than plus or minus 4 minutes per day.

(3) When a timing element also serves to keep a record of the time of day at which the demand occurs, it shall be corrected if it is found to be in error by more than plus or minus 4 minutes per day.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0813 Requirements for instrument transformers {#sec-psc-113.0813 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0813}

(1) Instrument transformers used in conjunction with metering equipment to measure customers’ service shall:

(a) Be in proper mechanical condition and have electrical insulation satisfactory for the service used.

(b) Be 0.3% accuracy-class units and otherwise have characteristics such that the combined inaccuracies of all transformers supplying one or more meters in a given installation will not exceed the total accuracies for the following conditions:

Power factor equals 1.0 and 10% load, accuracy equals 0.6%.
Power factor equals 1.0 and 100% load, accuracy equals 0.3%.
Power factor equals 0.5 and 100% load, accuracy equals 1.0%.

(2)

(a) Meters used in conjunction with instrument transformers shall be adjusted so that the overall accuracies will come within the limits specified ss. PSC 113.0811 and 113.0812.

(b) Instrument transformers shall be tested with the meter with which they are associated by making an overall test, or may be checked separately. If the transformers are tested separately, the meters shall also be checked to see that the overall accuracy of the installation is within the prescribed accuracy requirements.

(c) The results of tests of instrument transformers shall be kept on record and available for use when transformers are installed. For other than 0.3% accuracy class instrument transformers, the results of the most recent test for each instrument transformer shall be entered on or attached to the test card form for each test of the associated meter prior to the test of that meter.

(3) Phase shifting transformers shall have secondary voltages under balanced line-voltage conditions within 1% plus or minus of the voltage impressed on the primary.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0814 Portable indicating instruments {#sec-psc-113.0814 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0814}

All portable indicating electrical instruments used for determining quality of service to customers or for billing purposes, such as voltmeters, ammeters and watt meters, shall be checked against suitable secondary reference standards at least once in each 6 months. If the portable indicating instrument is found appreciably in error at zero or in error by more than 1% of indication at commonly used scale deflections, it shall be adjusted. A history and calibration record shall be kept for each such instrument.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0815 Type of instruments {#sec-psc-113.0815 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0815}

All electric service of the same type rendered under the same rate schedule shall be metered with instruments having like characteristics, except that the commission may approve the use of instruments of different types if their use does not result in unreasonable discrimination. Either all of the reactive meters which may run backwards or none of the reactive meters used for measuring reactive power under one schedule shall be ratcheted.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0816 Servicing utilization control equipment {#sec-psc-113.0816 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0816}

(1) Utilities shall service and maintain any equipment they use on customers’ premises so as to provide service in accordance with the rate provisions.

(2) Systems and devices used by the utility to control customer metering and loads shall be tested or checked on installation and periodically thereafter, if necessary, to verify proper operation.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0817 Metering at point of interchange and for customers’ operating generating equipment {#sec-psc-113.0817 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0817}

(1) Metering facilities located at any point where energy may flow in either direction and where the quantities measured are used for billing purposes shall consist of meters equipped with ratchets or other devices to prevent reverse registration and be so connected as to separately meter energy flow in each direction. Reverse meter registration is permitted for installations with customer-owned generators served under a net billing energy rate through one meter in accordance with s. PSC 113.0926.

(2) Reactive metering shall not be employed for determining average power factor where energy may flow in either direction or where the customer may generate an appreciable amount of his or her requirements at any time unless suitable directional relays and ratchets are installed to obtain correct registration under all conditions of operation and unless the general plan of installation is approved by the commission.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0818 Determination of average meter error {#sec-psc-113.0818 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0818}

Whenever a metering installation is found upon any test to be in error by more than 2% at any test load, the average error shall be determined in one of the following ways:

(1) If the metering installation is used to measure a load which has practically constant characteristics, such as a street-lighting load, the meter shall be tested under similar conditions of load and the accuracy of the meter “as found” shall be considered as the average accuracy.

(2) If a single-phase metering installation is used on a varying load, the average error shall be the weighted algebraic average of the error at light load and the error at heavy load, the latter being given a weighting of 4 times the former.

(3) If a polyphase metering installation is used on a varying load, the average error shall be the weighted algebraic average of its error at light load given a weighting of 1, its error at heavy load and 100% power factor given a weighting of 4 and at heavy load and 50% lagging power factor given a weighting of 2.

(4) If a load, other than the light, heavy and low power-factor load specified for routine testing, is more representative of the customary use of the metering equipment, its error at that load should also be determined. In this case the average error is to be computed by giving the error at such load and power factor a weighting of 3 and each of the errors at the other loads (light, heavy and 50% lagging power factor) a weighting of 1. Each error shall be assigned its proper sign.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter IX Electric Meter Testing Programs and Record Requirements

Wis. Admin. Code § PSC 113.0901 Testing of metering installations-general requirements {#sec-psc-113.0901 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0901}

(1) The test of any unit of metering equipment shall consist of a comparison of its accuracy with a standard of known accuracy by a qualified person. Units not properly connected or not meeting the accuracy or other requirements of ss. PSC 113.0811, 113.0812 and 113.0813 at the time of test shall be reconnected and/or rebuilt to meet such requirements and adjusted to within the required accuracy and as close to 100% accurate as practicable or their use discontinued.

(2) Each unit of metering equipment shall be inspected for mechanical and electrical faults whenever the accuracy of the device is checked.

(3) Each meter tested shall have the register and the internal connections checked before the meter is first placed in service and whenever the meter is repaired.

(4) Each meter shall have the connections to the customer’s circuits, the disc rotation and any multiplier checked when the meter is installed or removed or an instrument transformer is changed.

(5) Polyphase meters shall be tested for accuracy at 50% power factor before first being used for measuring customer’s service either by a test of each meter or by a sample test plan approved under s. PSC 113.0911 (1) (a).

(6) The connections, phase sequence and multiplier of polyphase transformer-rated metering installations shall be checked for error by qualified personnel within 60 days after the meter is installed.

(7) Special control devices, switches, etc., for time-of-use service shall be checked for proper operation whenever the associated meter is tested.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0902 Testing equipment {#sec-psc-113.0902 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0902}

(1) Each utility shall maintain sufficient laboratories, meter testing shops, secondary standards, instruments and facilities to determine the accuracy of all types of meters and measuring devices used by the utility. A utility may, however, with the approval of the commission, have all or part of the required tests made or its portable testing equipment checked by the original equipment manufacturers, another utility, or testing agency having adequate and sufficient testing equipment to comply with these rules.

(2) Each utility shall have the following minimum testing equipment available:

(a) One or more portable standard watthour meters of capacity and voltage range adequate to test all watthour meters used by the utility.

(b) Portable indicating instruments of such various types as are required to determine the accuracy of all instruments used by the utility.

(c) One or more secondary standards to check each of the various types of portable standard watthour meters used for testing watthour meters. Each secondary standard shall consist of either an approved portable standard watthour meter kept permanently at one point and not used for field work, or not less than three approved watthour meters connected with current coils in series and voltage coils in parallel and kept running by connecting a 10-watt load. These meters must be well compensated for both classes of temperature errors, practically free from errors due to ordinary voltage variations and free from erratic registration due to any cause.

(d) Suitable standards which are not used for field work to check portable instruments used in testing.

(3) Any utility having more than 10,000 customers, or any other utility upon approval of the commission, may provide and use primary standards consisting of precision instruments, timing devices, potentiometers, standard cells, etc.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0903 Accuracy and calibration of test standards {#sec-psc-113.0903 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0903}

(1)

(a) Utilities maintaining primary standards such as precision wattmeters, volt boxes, resistances, standard cells and timing devices shall have such standards certified at the time of purchase as to accuracy by a recognized laboratory other than that of the manufacturer of the standard.

(b) Utilities having standard cells shall intercompare them regularly and shall have at least one of them checked by a standardizing laboratory at intervals of not more than 2 years. Reference standards of resistance, potentiometers and volt boxes shall be checked at intervals of not more than 3 years.

(2)

(a) Secondary watthour-meter standards shall not be in error by more than plus or minus 0.3% at loads and voltages at which they are to be used and shall not be used to check or calibrate working standards unless the secondary standard has been checked and adjusted, if necessary, to such accuracy within the preceding 12 months. Each secondary standard watthour meter shall have a calibration curve available and a history card.

(b) Any 2 or more of at least 3 watthour meters may be used as a secondary standard to check portable rotating standards provided there is no discrepancy in accuracy between any 2 of the watthour meters used of more than 0.2% at standard test loads. Calibration and history records shall be maintained for each of the meters used as secondary standards.

(3) Secondary standards indicating instruments shall not be in error by more than plus or minus 0.5% of indication at commonly used scale deflection and shall not be used to check or calibrate portable indicating instruments unless the secondary standard has been checked and adjusted, if necessary, within the preceding 12 months. A calibration record shall be maintained for each standard.

(4) All working portable standard watthour meters shall be calibrated annually (see ss. PSC 113.0706 and 113.0904) and shall be adjusted, if necessary, so that their accuracy will be within 99.7% and 100.3% at 100% power factor and for polyphase applications, within 99.5% and 100.5% at 50% lagging power factor at all voltages and loads at which the standard may be used. A history and calibration record shall be kept for each working portable standard watthour meter.

(5) The meter accuracies herein required as to all primary, secondary and portable standards and service measuring equipment shall be referred to 100%.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0904 Watthour calibration {#sec-psc-113.0904 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0904}

Each utility which normally checks its own working portable standard watthour meters or instruments against primary or secondary standards shall calibrate these standards or instruments before they are submitted to a commission-approved test facility annually and attach to them a record of such calibration.

Note: Previously s. PSC 113.46 (2), with changes.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0905 Methods of testing watthour meters {#sec-psc-113.0905 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0905}

(1) In all tests of watthour meters where comparison of revolutions is made, at least 2 revolutions of the meter under test shall be taken at light load and at least 9 revolutions at heavy load. At least 2 checks shall be made at each load. The accuracy of the meter under test at each load shall be the average accuracy determined from 2 checks taken at the same load which must agree within 0.2 of 1%. However, if an electro-optical testing device is used, the test procedure may be modified, provided equal accuracy of the method is maintained.

(2) If the watthour meter has a contact device which operates a demand mechanism, the disk revolutions when testing should be multiples of the number of revolutions per contact in order to take account of the varying friction which may be present during the movement of the contact cam from one contact to the next.

(3) Polyphase meters shall be tested by one of the following 4 methods:

(a) Single-phase test with the potential circuits connected in parallel and all current circuits connected in series. Three-stator, 4-wire delta meters must have correct values of current and potential applied to the differently rated circuits. The normal test loads apply. (See s. PSC 113.0811 (1) (c).)

(b) Individual stator test with the potential circuits connected in parallel and each current circuit tested separately. (For 2-stator, 4-wire delta meters, the current circuits of the 3-wire stator should be connected in series and treated as a single circuit. Three-stator, 4-wire delta meters must have correct values of potential applied to the differently rated circuits.) The light load test current shall be one-tenth N times the reference test current and the heavy load test current shall be between one-half and one N times the reference test current but not more than twice the test ampere rating of the meter. (N equals the number of stators in the meter except for 2-stator, 3-phase, 4-wire wye meters. For the latter, N shall be 4 for the current circuits which are not common to both stators and N shall be 2 for the current circuit common to both stators.)

(c) Individual stator test with the potential circuits connected to the polyphase circuit in the same manner as in service. (For 2-stator, 4-wire delta meters the current circuits of the 3-wire stator shall be connected in series and treated as a single circuit.) The light load test current shall be one-tenth N times the reference test current and the heavy load test current shall be between one-half and one N times the reference test current but not more than twice the test ampere rating of the meter. (N equals the number of stators in the meter except for 2-stator, 3-phase, 4-wire meters. For the latter N shall be 3 for each current circuit.)

(d) Polyphase test with the meter connected to a polyphase circuit in the same manner as in service, with balanced polyphase currents on the current circuits. This requires the use of a polyphase standard watt-hour meter or as many single-phase standards as there are current circuits under test.

(4) Instrument transformers shall be tested with a burden equivalent to that with which they are to be used or with burdens from which curves showing the accuracy of the transformer can be derived. Any approved method may be used for testing instrument transformers. Also see s. PSC 113.0916.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0906 Methods of testing block-interval demand registers {#sec-psc-113.0906 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0906}

(1) For meters with block-interval demand registers, demand interval timing check shall be performed and a determination made that the pointer pusher or test dial pointer has reset to zero at the end of the billing period demand interval.

(2) Demand registers used with instrument transformer rated watthour meters shall be tested with the demand register mounted in a normal operating position on the watthour meter. The demand registered on the demand meter during the test shall be at least 30% of full scale with the demand test interval varying from a fraction of an interval up to a full interval.

(3) Demand registers used with self contained watthour meters shall be tested with the demand register mounted in a normal operating position on the watthour meter. The demand registered on the demand meter during the test shall be equivalent to the test ampere rating of the watthour meter with the demand test interval varying from a fraction of an interval up to a full interval.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0907 Methods of testing block-interval pulse-operated demand meters and pulse recorders {#sec-psc-113.0907 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0907}

(1) The test of block-interval pulse-operated demand meters and pulse recorders shall include a check of the electrical and mechanical operation of the demand register or pulse recorder, an inspection of the pulse initiator and a check to determine that the demand meter resets properly.

(2) A demand meter or pulse recorder, its associated pulse initiators, relay and circuitry may be considered to be operating properly when a kilowatthour check indicates that the demand meter kilowatthours are within the required accuracy limits of the watthour meter kilowatthours.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0908 Methods of testing electronic (solid state) meters {#sec-psc-113.0908 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0908}

(1) Each measurement circuit of an electronic meter shall be tested in accordance with the requirements of s. PSC 113.0905. Internally calculated quantities, such as in a multifunctional meter, are not normally subject to test.

(2) Electronic meters designed to operate over an extended voltage range may be tested at a single test voltage point to determine meter accuracy.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0909 Methods of testing electronic registers {#sec-psc-113.0909 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0909}

Necessary tests or checks shall be made to determine that the correct program is in the meter, that the correct register is active as determined from the program, that the meter is displaying the correct date and time and that the meter’s battery mode is working and will retain register programs and recorded data during loss of power.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0910 Methods of testing electronic demand registers {#sec-psc-113.0910 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0910}

Electronic demand registers shall be tested or checked for accuracy. The operation and accuracy of the timing circuit shall be verified. The accuracy must meet manufacturer’s published specifications. The register shall also be checked to verify that the program resets the demand period at the end of the testing demand interval.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0911 Testing of self-contained single-phase meters and 3-wire network meters at fixed periodic intervals {#sec-psc-113.0911 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0911}

In this section, “meter” or “meters” may refer to metering system(s).

(1) Self-contained single-phase meters and 3-wire network meters, together with associated equipment such as demand devices, control devices, etc., shall be tested for accuracy at unity power factor at the point where they are installed or at a central testing point or in a mobile testing laboratory under any of the following circumstances:

(a) Before being placed in service. For new meters given a prior test by the manufacturer, a sample test program meeting the requirements of s. PSC 113.0920 or use of the manufacturer’s certified test results for all meters tested under the provisions of s. PSC 113.0921, may be substituted for this requirement.

(b) When they are suspected of being inaccurate or damaged.

(d) When they are removed from service.

(e) Within a period of 6 months before to 6 months after 5 years of service for non-magnetic-bearing meters and 20 years of service for magnetic-bearing surge-proof meters or in accordance with the plan outlined in s. PSC 113.0921.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0912 Testing of self-contained polyphase meters {#sec-psc-113.0912 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0912}

In this section, “meter” or “meters” may refer to metering system(s).

(1) Self-contained polyphase meters together with associated equipment such as demand equipment, control devices, etc., shall be tested on the customer’s premises, a central testing facility or in a mobile test facility, except pars. (a) and (d), for accuracy at unity and 50% power factor under the following circumstances:

(a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer’s certified test results may be substituted for this requirement.

(b) When they are suspected of being inaccurate or damaged.

(d) Within 60 days after they are removed from service.

(e) Within a period of 6 months before or 6 months after 8 years of service for non-surge-proof and 12 years for surge-proof meters. Exception: Thermal and mechanical lagged-demand meters shall be tested every 8 years. Electronic (solid state) meters may be tested instead in accordance with the plan outlined in s. PSC 113.0921.

(2) A stator balance test shall be performed on all new meters before being placed in service.

(3) Meters with electronic programmable registers may be shop tested on a periodic basis.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (1) (intro.) and (a), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0913 Testing of meters used with instrument transformers on single-phase service {#sec-psc-113.0913 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0913}

In this section, “meter” or “meters” may refer to metering system(s).

(1) Meters used with instrument transformers on single-phase service, together with associated equipment such as demand equipment, control devices, etc., shall be tested on the customer’s premises, a central testing facility or in a mobile test facility, except pars. (a) and (d), for accuracy at unity power factor under the following circumstances:

(a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer’s certified test results may be substituted for this requirement.

(b) When they are suspected of being inaccurate or damaged.

(d) When they are removed from service.

(e) Within a period of 6 months before or 6 months after 8 years of service for non-surge-proof and 12 years for surge-proof meters. Exception: Lagged-demand meters shall be tested every 8 years. Electronic (solid state) meters may be tested instead in accordance with the plan outlined in s. PSC 113.0921.

(2) Meters equipped with electronic programmable registers may be shop tested on a periodic basis.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (1) (intro.) and (a), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0914 Testing of polyphase electromechanical and completely solid state electronic meters used with instrument transformers at fixed periodic intervals {#sec-psc-113.0914 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0914}

In this section, “meter” or “meters” may refer to metering system(s).

(1) Polyphase meters used with instrument transformers, together with associated equipment such as demand equipment, pulsing devices, phase-shifting transformers, control devices, etc., shall be tested on the customer’s premises, a central testing facility or in a mobile test facility, except for pars. (a) and (d), for accuracy at unity and 50% power factor under the following circumstances.

(a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer’s certified test results may be substituted for this requirement.

(b) When they are suspected of being inaccurate or damaged.

(d) When they are removed from service.

(e) Within a period of 4 months before or 4 months after 2 years of service for non-magnetic-bearing electromechanical meters, 4 years of service for electromechanical magnetic-bearing surge-proof meters and 6 years of service for completely solid state electronic meters with electronic registers capable of down-loading voltage and current monitoring readings from the instrument transformers to digital meter reading devices at meter reading intervals. Exception: Electronic (solid state) meters may be tested instead in accordance with the plan outlined in s. PSC 113.0921.

(2) A stator balance test shall be performed on all new meters before being placed in service.

(3) Meters with electronic programmable registers may be shop tested on a periodic basis.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 02-027: am. (1) (intro.) and (a), Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § PSC 113.0915 Testing of metering installations utilizing pulse devices {#sec-psc-113.0915 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0915}

(1) Metering installations utilizing pulse initiators and pulse recorders shall be checked for accuracy each billing period by comparing the recorded pulse count against the registration of the corresponding meter. When the results are not in agreement within the accuracy limits of s. PSC 113.0812 (2) the pulse devices shall be promptly tested and adjusted to required accuracy or replaced.

(2) Pulse devices shall be tested before use and as part of the complete metering installation whenever the associated watthour meter is tested.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0916 Testing of instrument transformers {#sec-psc-113.0916 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0916}

(1) No instrument transformer shall be placed in service, or allowed to remain in service, if it shows evidence of physical damage, discolored terminals due to overload, change in texture or resiliency of insulation, or arc tracking on the insulation or bushings.

(2) Instrument transformers of all utilities shall be tested for voltage withstand by the manufacturer, the utility, or a laboratory approved for such test by the commission before being placed in service. Each instrument transformer that has been removed from service shall be tested for voltage withstand prior to reinstallation if the reason for removal or physical appearance, gives cause to doubt its reliability. The utility shall maintain a record of all such tests.

(3) Instrument transformers of class A privately-owned utilities shall be tested at the utility meter shop or the manufacturers’ certified test reports may be used to determine accuracy (ratio correction factor and phase angle):

(a) Before being initially placed in service.

(b) When removed from service.

(d) The manufacturer’s calibration results may be acceptable on all new voltage transformers rated above 15,000 volts. Removal tests of these transformers may also be omitted except in those cases where there is reason to suspect that a transformer malfunction has occurred.

(4) Instrument transformers of other than class A private-owned utilities shall be tested at the utilities meter shop, the manufacturer’s laboratory or a laboratory approved by the commission for accuracy (ratio correction factor and phase angle):

(a) Before being initially placed in service.

(b) When there is evidence from outward appearance or performance to suspect inaccuracy.

(5) Instrument transformers in service shall be given an approved check (such as the variable burden method in the case of current transformers or a field check of the secondary voltage with a good quality voltmeter in the case of voltage transformers) made in conjunction with each field test of the associated watthour meter. When such check provides evidence that the instrument transformer may be inaccurate, that instrument transformer shall be tested for accuracy.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0917 Phase-shifting transformers and loss compensators {#sec-psc-113.0917 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0917}

(1) For phase-shifting transformers in service, all terminal connections shall be in such condition as to provide good electrical contact and the terminal designations shall be clearly visible. Where there is evidence of physical damage or evidence of thermal overload the unit shall be replaced.

(2) Phase-shifting transformers shall be tested on the same schedule and at the same time as the meters with which they are associated. The test shall consist of a single-phase test to be performed as follows: With the approximate rated voltage applied to the input terminals and no burdens connected to the tap terminals all tap voltages, converted to percentage of input voltage, shall agree within plus or minus 2.0% of the theoretical values given in the manufacturer’s published data.

(3) In addition, all units shall be tested before use and when returned to the utility’s meter laboratory. For these tests the output-voltage values in terms of percentage of input voltage and under the conditions of sub. (2) immediately above shall agree within plus or minus 1.0%.

(4) For transformer-loss compensators in service all terminal connections shall be in such condition as to provide good electrical contact and the terminal designations shall be clearly visible. Where there is evidence of physical damage to the component parts, their adjustments, or to the internal wiring or evidence of thermal overload on the insulation, resistors, terminals, etc., the affected parts shall be replaced or the entire transformer-loss compensator replaced.

(5) Transformer-loss compensators shall be tested on the same schedule and at the same time as the meters with which they are associated.

(6) The tests shall be made at the normal service test points of the meter. Performance deviations from desired performance shall not exceed plus or minus 0.3%.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0918 Adoption of standard by reference {#sec-psc-113.0918 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0918}

(1) Adoption of standard. Military Standard 414 (Mil-STD-414) dated June 11, 1957, is hereby incorporated by reference into ch. PSC 113 in part consisting of the cover page and pages 1, 2, 3, 4, 41, 42, 43, 45, 47, 48, 49, 50, 51 and 110. This published standard is entitled “Sampling Procedures and Tables for Inspection by Variables for Percent Defective” and is referenced in ss. PSC 113.0920 and 113.0921 herein for application of these rules on maintenance of electric meter accuracy by statistical sample testing methods. Interim amendments to MIL-STD-414 will not be effective in this state until such time as this chapter is revised to reflect such changes.

(2) Consent to incorporate. Pursuant to s. 227.21, Stats., the attorney general and the legislative reference bureau have consented to the incorporation by reference of MIL-STD-414 in part as designated in sub. (1). Copies are on file in the offices of the commission, the secretary of state and the legislative reference bureau.

(3) Availability of standard. Copies of that part of MIL-STD-414 adopted herein may be obtained from the commission. Copies of the entire MIL-STD-414 may be ordered from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction made in (2) under s. 13.92 (4) (b) 6., Stats., Register April 2013 No.688.

Wis. Admin. Code § PSC 113.0919 Metering equipment records {#sec-psc-113.0919 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0919}

(1) Meter test records.

(a) A utility shall keep a record of a test whenever a unit of metering equipment is tested. The meter test record shall include all of the following:

Information to identify the unit of metering equipment.
The service address at which the unit of metering equipment is installed.
The equipment with which the unit of metering equipment is associated.
The date of the test.
The reason for the test.
A statement of “as found” accuracies.
A statement of “as left” accuracies, when applicable.
The name of the person making the test.
The readings before and after the test.
A statement as to whether or not the unit of metering equipment “creeps” and in case of creeping, all of the following:

a. The rate.

b. A statement of “as found” and “as left” accuracies sufficiently complete to permit checking of the calculations employed.

c. Indications showing that all required checks have been made.

d. A statement of repairs made by the utility, if any, or a notation that the unit was returned to the manufacturer for repairs.

e. Identification of the testing standard.

(b) Meter test records and meter history records may be kept as separate records or one record.

Note: Meter test records need not be separately retained from meter history records provided that the meter test records are incorporated into the meter history records.

(2) Meter history records.

(a) Each utility shall keep a history record for each unit of metering equipment showing all of the following:

The date the unit was purchased.
The unit’s cost.
Information identifying the unit.
Equipment associated with the unit.
The unit’s essential name-plate data.
Dates of the last 2 tests.
Results of the last “as found” and “as left” tests, unless separate records are kept of each test for each unit.
Locations where the unit has been installed, with dates of installation and removal.

(b) Meter test records and meter history records may be kept as separate records or one record.

(3) Statistical sampling summaries. Each utility authorized to test meters under the statistical sample testing plan of s. PSC 113.0921 shall submit to the commission, by April 15 of the following year, a summary of the statistical sample testing results for the prior calendar year. The summary shall include group and lot numbers; a description of meters in each lot; the number or meters in each lot; the number of meters sample tested in each lot; full load sample mean accuracy (x), estimated standard deviation (s) and total estimated percent defective (P); light load sample mean accuracy x , estimated standard deviation (s) and total estimated percent defective (P); projected annual rates of change for x , s and P at both full and light load analysis points; lots requiring testing and actual x, s and P data from meters where entire lot tests were required under the program; group and lot numbers; a description of meters in each lot and the number of meters in each lot for the succeeding test year.

(4) Computerized meter record system. Utilities with more than 5,000 metered customers shall acquire or develop a computerized meter records system and use it for maintaining all required meter equipment records, scheduling and implementing all required meter testing and analyzing meter accuracy performance. The reporting system and software must be acceptable to the commission.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 13-033: r. and recr. (1), (2), cr. (3) (title), (4) (title) Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § PSC 113.0920 Statistical sample testing plan for new self-contained single phase and 3-wire network meters {#sec-psc-113.0920 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0920}

The new meter sample testing plan described in subs. (1) to (5) may be used for testing new self-contained, single phase and 3-wire network meters without mechanical demand registers or mechanical pulsing devices instead of the new meter test requirements of s. PSC 113.0911 (1) (a), if the commission authorizes the adoption of the plan by a utility.

(1) Meters, as received from the manufacturer, shall be divided into homogeneous lots by manufacturers and type. The maximum number of meters in any lot may not exceed 1,000 or be less than 96. From each such lot assembled, there shall be drawn a coded sample size specified in Military Standard 414, (MIL-STD-414) dated 11 June 1957, as shown for the various group sizes using Inspection Level IV of Table A-2 on page 4 and a corresponding actual sample size as shown in Table B-3 on page 45. The sample shall be drawn by a random method that ensures that each meter in the lot has an equal chance of being selected.

(2) The test criterion for acceptance or rejection of each lot shall be based on a separate analysis conducted at both the full load and light load test points at unity power factor, as specified in s. PSC 113.0811 (1) (c), by means of the Standard Deviation Method, Double Specification Limit and with an Acceptable Quality Level (AQL) of 0.25 for the full load accuracy analysis and an AQL of 0.40 for the light load accuracy analysis as shown in Table B-3, MIL-STD-414, page 45. The statistical analysis calculations shall be made following the example outlined on page 43 of MIL-STD-414 with the upper and lower specification limits U and L designated at 101% and 99% respectively.

(3) One non-registering meter may be removed from the sample lot for analysis purposes and replaced with another randomly selected meter. If more than one meter in a sample lot is found not to be registering, the entire lot shall be rejected.

(4) A lot shall be deemed acceptable for installation if the total estimated percent defective (P) is less than the appropriate maximum allowable percent defective (M) as determined from Table B-3 under the procedures of sub. (2). All meters in an acceptable lot shall be deemed to have met the accuracy requirements of s. PSC 113.0811 for placement in service without further testing.

(5) A lot shall be considered rejected (not acceptable for installation) if the total estimated percent defective (P) is greater than or equal to the appropriate maximum allowable percent defective (M) as determined from Table B-3 under the procedures of sub. (2). All meters in a rejected lot shall be tested and adjusted in accordance with the procedures of s. PSC 113.0811 or replaced with meters meeting these requirements.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0921 Statistical sample testing plan for in-service, electronic (solid state) meters and electromechanical, self-contained, single phase and 3-wire network meters {#sec-psc-113.0921 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0921}

(1) The statistical sample testing plan described in pars. (a) to (e) may be used for testing electronic (solid state) meters and self-contained, single phase and 3-wire network meters without mechanical demand registers or mechanical pulsing devices in place of the periodic testing requirements of s. PSC 113.0911 if the commission authorizes the adoption of the plan by a utility.

(a) All extended range, surge proof designed meters shall be divided into homogeneous groups based on meter design features and age. The groups shall be further divided into lot sizes categorized by manufacturer, type, serial number, group size or load duty cycle with lot sizes containing a minimum of 26 meters and a maximum of 110,000 meters. The number of lots or lot composition and size may be changed at the end of the sample testing year to allow for increasing or decreasing analysis of accuracy testing requirements on any segment of meters in any lot.

(b) Annually, from each of the assembled lots, a coded sample size specified in Table A-2, Inspection Level IV, page 4 of Military Standard 414, (MIL-STD-414) dated 11 June 1957 and a corresponding actual sample size as shown on Table B-3 page 45, (MIL-STD-414), shall be randomly selected for testing and analysis purposes. Each meter in the lot sample shall be provided with a full load and light load test for accuracy at unity power factor, as specified under s. PSC 113.0811 (1) (c). A separate statistical analysis shall be performed on each lot sample at each of these 2 load ranges. All meters not registering at either full or light load test points shall be removed from the lot sample and replaced with a different randomly selected meter and not more than two lot sample meters operating outside of the accuracy bandwidth of 95% to 105% at either test load point shall be removed and replaced from the lot sample.

(c) The statistical analysis calculations for both the full and light load accuracy results from the sample lot tests shall be made following the example outlined on page 43 of MIL-STD-414 with the upper and lower specification limits, U and L designated at 102% and 98% respectively. The test criterion for acceptance or rejection of each lot shall be by the Standard Deviation Method, Double Specification Limit with an Acceptable Quality Level (AQL) of 1.00 for the full load analysis and 4.00 for the light load analysis (both normal inspection) as shown on Table B-3, page 45 of MIL-STD-414.

(d) A lot shall be deemed acceptable for continued use if the total estimated percent defective (P) is less than the appropriate maximum allowable percent defective (M) as determined from Table B-3, page 45 of MIL-STD-414, following the procedure of par. (c) for both the full load and light load analysis test points at the respective designated Acceptable Quality Levels. All of the meters in the accepted lot may be retained in use without further accuracy adjustments and will be concluded to have the accuracy characteristics specified in s. PSC 113.0811 (1) (c). Meters in the sample lot may be adjusted for acceptable accuracy as required or maintained as necessary and returned to the lot.

(e) A lot shall be deemed unacceptable and rejected for continued use if the total estimated percent defective (P) is greater than or equal to the appropriate maximum allowable percent defective (M) as determined from Table B-3, page 45 MIL-STD-414, following the procedure of par. (c) for both the full load and light load analysis test points at the respective designated Acceptable Quality Levels on any 2 annual sample testing analysis years within a five-year period for the lot or any meters in the lot. All meters in a rejected lot shall be provided with an appropriate test within a period of 48 months from the date of completion of the sample analysis and all the meters tested in the rejected lot shall be adjusted to the accuracies specified in s. PSC 113.0811 (1) (c). All meters in a rejected lot that will not be returned to service shall be removed within 48 months from the date of completion of the sample analysis. These meters may be retired without a test. Annual statistical sample testing shall be terminated during the period when all of the meters in a rejected lot are being provided with a test and accuracy adjustment.

(f) All meters in any lot may be tested and adjusted for proper accuracy over a 48-month period at the discretion of the utility without a sample analysis determination specifying the lot test is necessary.

(g) Any meter that is included in this plan, which is removed from service for retirement, may be retired without a test.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0922 Customer request and commission referee tests {#sec-psc-113.0922 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0922}

(1) Customer request test. Each utility shall promptly make a test of any metering installation upon request of the customer if 24 months or more have elapsed since the last requested test of the meter in the same location. The test shall consist of an inspection of the meter connections and a test for accuracy either at the utility testing shop or on the customer’s premises. The commission staff may order a meter test if it deems necessary. At the customer’s request and expense the installation shall be checked for accidental grounds. The customer shall be furnished a report of the result of the test. (See s. PSC 113.0924 for adjustment of bills for inaccurate meters.)

(2) Commission referee test. Upon written application to the commission by any electric utility customer, the commission will referee a test covering the accuracy and integrity of the customer’s power meter installation, including an inspection and verification of the connections and any other check or test which appears desirable. The test will be performed in accordance with ss. PSC 113.0905 through 113.0915 as applicable and shall be made in accordance with s. PSC 113.0811 (1) (c). The commission may limit the availability, number or frequency of such referee tests for the same customer at the same location where, in its judgment, the requests are too frequent, burdensome, abusive, or otherwise unwarranted by the available information or evidence.

(3) Meter retention.

(a) After a customer requested test. When a utility performs a customer requested test on a customer’s meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in “as tested” condition, at a designated location on the utility’s premises for at least one full billing period plus 4 weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

(b) After a referee test. When a utility performs a referee test on a customer’s meter under sub. (2), the utility shall keep the tested meter, in “as tested” condition, at a designated location on the utility’s premises for at least 10 business days after the test result report is issued so that the meter is available should further testing or review be needed. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

(c) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 113.0610 or is notified about a dispute under s. PSC 113.0407 involving a meter-related issue, the utility shall keep the meter, in “as tested” condition, at a designated location on the utility’s premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

(4) Records retention requirements. A utility shall keep the complete, original record from any test under this section on file for the time period specified in s. PSC 113.0614.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 13-033: am. (title), renum. 113.0922 to (1), cr. (1) (title), renum. 113.093 to (2), cr. (3), (6) Register July 2015 No. 715, eff. 8-1-15; (4) renum. from (6) under s. 13.92 (4) (b) 1., Stats., Register July 2015 No. 715.

Wis. Admin. Code § PSC 113.0924 Adjustment of bills for metering inaccuracies {#sec-psc-113.0924 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0924}

In this section, “meter” or “meters” may refer to metering system(s).

(1) Whenever a meter creeps or whenever a varhour meter or watthour meter installation, with or without pulsing devices and recording equipment, is found upon test to have an average error of more than 2% from 100%, or a demand metering installation more than 1.5% plus the errors allowed in s. PSC 113.0812 from 100%, a recalculation of bills for service shall be made for the period of inaccuracy. The recalculation shall be made on the basis that the service meter should be 100% accurate with respect to the working test standard.

Note: See s. PSC 113.0818 Determination of average meter error.

(2)

(a) If the period of inaccuracy cannot be determined, it shall be assumed that the metering equipment has become inaccurate at a uniform rate since it was installed or last tested except as otherwise provided in pars. (b) and (c).

(b) Recalculation of bills shall be on the basis of actual bills except that if the monthly consumption has been reasonably uniform, averaged less than 500 kW hrs. per month and involves no billings other than for kW hrs., the recalculation of bills may be based on the average monthly consumption and the inaccuracy may be assumed to have existed for a period equal to one-half the time elapsed since the meter was installed or since the last previous test, whichever is later, up to a limit of 10 years.

(c) The error in registration due to “creep” shall be calculated by timing the rate of “creeping” and assuming that this creeping affected the registration of the meter for 25% of the time since the last test or since the meter was installed.

(d) When the average error cannot be determined by test because of failure of part or all of the metering equipment, it shall be permissible to use the registration of check-metering installations, if any, or to estimate the quantity of energy consumed based on available data.

(3) If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or as credit on a bill. If a refund is due a person no longer a customer of the utility, a notice shall be mailed to the last known address and the utility shall upon demand made within 3 months thereafter refund the amount due.

(4) If the recalculated bills indicate that more than $10 is due the utility, the utility may bill the customer for the amount due. For all customers, the period of backbilling may not exceed 24 months unless there is evidence of fraud or deception.

Note: Section 196.635, Stats., reads as follows:

196.635 Unbilled utility service. All service supplied by a public utility must be billed within 2 years of such service. No customer shall be liable for unbilled service 2 years after the date of the service unless:

(1) The utility made a reasonable effort to measure the service, but the customer did not allow the utility access to any device, including but not limited to a meter, necessary to measure service.

(2) The customer obtained the service by fraud or deception, including but not limited to theft or tampering with any device, including but not limited to a meter, necessary to measure service.

(5) A classified record shall be kept of the number and amount of refunds and charges made because of inaccurate meters, stopped or broken meters, faulty or incorrect metering installations, failure to apply appropriate multipliers or application of incorrect multipliers, misapplication of rates, fraud or theft of service and other erroneous billing. A report from this record for the calendar year shall be submitted to the commission by April 1 of the following year. The report shall show the number and amount of refunds or charges under each of the categories listed above. A record shall also be kept of the complaint or customer requested tests made and the total number for the year included in this report.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0925 Billings for grounds {#sec-psc-113.0925 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0925}

Subject to the utility’s rules setting forth the method of determining a reduced rate herein authorized, if an accidental ground is found on a customer’s wiring or equipment, the utility may estimate the kilowatt-hours lost and bill for them at a reduced rate not less than the generated or purchase cost of the energy, but no such adjustment shall be made for energy supplied after the customer has been notified and has had an opportunity to correct the condition. Any demand (kilowatt) caused by an accidental ground may be billed at a rate lower than that filed for the class of service involved. The utility shall notify the customer of the ground whenever it is found or suspected.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.0926 Metering with one meter for net energy billing {#sec-psc-113.0926 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.0926}

(1) A single watthour meter may be used for net energy billing where reverse meter registration is intended to occur during reverse power flow through the meter and where the service is rendered under an authorized net-energy billing tariff.

(2) When the meter is operating in the reverse registration mode it shall be accurate within plus or minus 2.0% at 2 unity power factor loads, one equal to 10% and the other 100% of the test ampere rating of the meter. A test to determine compliance with this accuracy requirement shall be made by the utility either before or at the time the customer-owned generator is placed in operation in accordance with utility rules. Subsequent tests for accuracy in the reverse registration mode are required only when requested by the customer and shall be at customer cost.

(3) Each utility shall maintain a record of the reverse-registration tests required in sub. (2) but for such tests the utility is not required to comply with ss. PSC 113.0901, 113.0911 and 113.0919 with respect to meter testing or meter records.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter X Electric Service Extension

Wis. Admin. Code § PSC 113.1001 Purpose {#sec-psc-113.1001 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1001}

The purpose of subch. X is to establish standards for electric utility service extension rules. These standards shall not apply to the inter-connection of customer-owned generation facilities. The primary objective of these standards shall be to provide for an equitable cost relationship between new customers and existing customers. The determination of an equitable relationship shall consider the effect of the extension rule on the environment, the utility’s revenue requirement and the efficient use of electricity.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1002 Principles of facilities development {#sec-psc-113.1002 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1002}

The utility shall provide safe, reliable service with extensions that conform, to the extent possible, to each of the following standards:

(1) Route. The utility shall make the extension over the most direct route which is the least expensive and least environmentally degrading. The customer shall provide or shall be responsible for the cost of all right-of-way easements and permits necessary for the utility to install, maintain, or replace distribution facilities. The customer shall either clear and grade such property or pay the utility to clear and grade such property. The customer is responsible for the cost of restoration of the property after the utility has completed installation and backfilling where applicable.

(2) Design. The utility shall design and install facilities to deliver service to the customer and the area at the lowest reasonable cost. The facilities shall comply with accepted engineering and planning practices. The design shall consider reasonable needs for probable growth in the area and local land use planning. Unwarranted excess capacity which would result in unnecessary cost increases to the utility and its customers shall be avoided. The utility shall be responsible for the incremental cost of distribution facilities which are in excess of standard design for the customer and normal area growth.

(3) Efficient use. The utility’s extension rules shall discouraged the inefficient use of electricity by appropriately relating costs to the charges made for extensions.

(4) Cost estimates. The utility shall engineer and estimate the cost of each extension based on reasonable current costs. Current costs may be estimated using job specific costs, average costs per foot or unit, or other costing method as appropriate.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1003 Definitions {#sec-psc-113.1003 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1003}

In. ss. PSC 113.1004 to 113.1010:

(1) “Contributed extension” means an extension toward which a customer has made a contribution in aid of construction.

(2) “Distribution facilities: includes all primary and secondary voltage wire or cable and its supports, trenches, connection equipment and enclosures and control equipment which are used to extend the distribution system from existing facilities to a point of connection with the service facilities. The cost of right-of-way preparation and restoration to the original condition where appropriate shall be included in the cost of distribution facilities.

(3) “Embedded cost” means the original cost of the installed utility plant less both the accumulated depreciation of the plant and associated contributions in aid of construction as recorded in the utility’s books.

(4) “Embedded cost allowance” means a construction credit given a customer requesting an extension which reflects the average embedded cost of existing facilities.

(5) “Excess facilities” means an extension costing more than five times the average embedded cost allowance for a given customer classification.

(6) “Extension” means the addition of transmission, distribution, or service facilities to the existing electric service facilities.

(7) “Full cost” of an extension includes the cost of removal of existing facilities if present.

(8) “Noncontributed extension” means an extension which costs less than the embedded cost allowance: the customer requesting the extension makes no contribution in aid of construction.

(9) “Nonstandard route or design” means facilities which meet one or more of the following criteria:

(a) are different from the standard design developed pursuant to s. PSC 113.1002 (2).

(b) follow a route different from the route determined in s. PSC 113.1002 (1), or

(10) “Service drop” means the overhead secondary voltage conductors from the transformer or closest pole or support on the distribution system to the customer’s electric service entrance equipment.

(11) “Service facilities” means the transformer, service drop or service lateral and meter.

(12) “Service lateral” means the underground secondary voltage conductors from the transformer or closest underground pedestal on the distribution system to the customer’s electric service entrance equipment.

(13) “Transmission facilities” means a line providing electric service at 40 kilovolts or more as defined in s. PSC 112.02 (8) and the associated supports, connection equipment and enclosures and control equipment. Transmission facilities also includes the preparation cost of right-of-way and restoration of the property to its original condition where appropriate.

(14) “Upgrade” means a modification of existing electric facilities.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (13) made under s. 13.93 (2m) (b) 7., Stats., Register December 2002 No. 564.

Wis. Admin. Code § PSC 113.1004 Customer contribution for service facilities {#sec-psc-113.1004 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1004}

(1) Metering facilities. The utility shall provide the necessary standard metering facilities at no charge to the customer.

(2) Service drops and laterals. The utility shall provide standard overhead service drops and standard underground service laterals at not charge to the customer.

(3) Transformers. The utility shall provide standard design transformers necessary to service the customer’s load at no charge.

(4) Nonstandard service facilities. If the facilities design developed pursuant to s. PSC 113.1002 require nonstandard service facilities or if the customer requests nonstandard facilities, the utility may require the customer to pay a contribution in advance of construction for the portion of the facilities in excess of the standard design.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1005 Customer contributions for distribution extensions {#sec-psc-113.1005 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1005}

(1) Standard designs. The customer shall pay, as a minimum and refundable contribution, the estimated cost of distribution facilities to be installed which is greater than the appropriate average embedded cost allowance for existing distribution facilities.

(2) Subdivisions. Developers and subdividers shall pay, as a minimum and refundable contribution, the estimated cost of distribution facilities, to be installed for the area being developed. The contribution is refundable as structures are built and connected to the electric utility facilities.

(3) Nonstandard route or design. If a customer requests a route or design which is different from the design proposed by the utility in compliance with the requirements of s. PSC 113.1002, the utility shall require that the customer pay any additional costs as a refundable contribution.

(4) Construction charges. The utility shall require that the customer make a contribution in aid of construction if construction requires trenching in rocky soil, frozen ground, or other similar conditions.

(5) Request for excess facilities. The utility may require a contract from a customer requesting the installation of excess facilities, as defined in s. PSC 113.1003 (5), requiring the customer to pay recurring operation and maintenance expenses on the portion of the extension which is greater than 5 times the embedded cost allowance. The utility shall provide the commission with the reasons and supporting analysis for each such contract.

(6) Payment plans. The utility may require that the contribution in aid of construction be paid in advance of construction or may, at the utility’s option, offer customers an installment payment plan.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1006 Embedded cost allowances {#sec-psc-113.1006 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1006}

The average embedded cost of existing facilities shall be determined annually on a customer classification basis as follows:

(1) Energy only customers. For customer classifications billed on an energy usage only basis, the embedded cost of the distribution facilities allocated to those classifications shall be divided by the number of customers in the classification to specify an average embedded cost allowance per customer. The utility may create subclassifications of energy-only commercial classification based on customer service entrance capacity or other electrical loan criteria to specify average embedded cost allowances.

(2) Demand and energy customers. For customer classifications billed on a demand and energy usage basis, the embedded cost for distribution facilities allocated to those classifications shall be divided by the total billed demand of those customers to specify an average embedded cost allowance per kilowatt of demand.

(3) Street lighting. For street lighting facilities, the embedded cost of distribution facilities allocated to those classifications shall be divided by the number of lighting fixtures to specify an average embedded cost allowance either by type of lighting fixture or by type and size of lighting fixture.

(4) Seasonal customers. Seasonal customers shall receive one-half the average embedded cost allowance of a year-round customer for the same customer classification.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1007 Refunds {#sec-psc-113.1007 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1007}

(1) Individual customers.

(a) Procedure. The utility shall make refunds to a customer who made a contribution for an extension (a contributed extension) when the utility makes an extension from the contributed extension to a second customer which does not require a contribution from the second customer (a noncontributed extension). The refund shall be equal to the greater of the embedded cost allowance in effect at the time the contributed extension was installed or the current embedded cost allowance. This refund, in either case, shall be reduced by the costs incurred by the utility to design and install the distribution facilities for the second customer. The utility shall not refund more than the total contribution made by any customer. The utility shall make the refund to the customer who made the original contribution or the current property owner of record unless it has a written record from that customer assigning the refund rights to another customer.

(b) Period. The utility shall make refunds for the first 5 years after the installation of a contributed extension.

(2) Subdivisions.

(a) Procedure. As structures are built and connected to the electric utility facilities, the utility shall refund to the developer or subdivider an amount equal to the greater of the embedded cost allowance in effect at the time the contributed extension was installed or the current embedded cost allowance for each customer. This refund shall be reduced by the cost of any additional distribution facilities, if necessary, to serve the new customer.

(b) Period. The utility shall make refunds for structures which are built and connected to the utility system within 5 years from the installation of the contributed extension.

(3) Extended refund period. A 5-year refund period is required for extensions made after July 1, 1982, if the extension rules in effect at that time provided for a refund and a refund period of less than 5 years.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1008 Modifications to existing distribution and service facilities {#sec-psc-113.1008 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1008}

(1) Relocation and rebuilding of existing distribution facilities. Where responsibility can be determined by the utility, the customer responsible for relocation, rebuilding, or other modifications of existing distribution facilities shall pay a contribution equal to the full estimated cost of construction including the cost of removal of existing distribution facilities and less the accumulated depreciation and the salvage value of facilities removed. The costs and credits shall be determined from the available records of the utility. The utility shall endeavor to maintain records that permit a reasonable calculation of these costs and credits. The contribution shall be refundable as additional customers attach to the facilities for which the customer made a contribution unless the additional customers require a new extension under s. PSC 113.1003 (1). (See s. PSC 113.1007 (1).)

(2) Replacement of overhead distribution facilities with underground distribution facilities. A customer requesting the utility to replace existing overhead distribution facilities with underground distribution facilities shall pay the full estimated cost of construction including the cost of removal of existing distribution facilities less the accumulated depreciation and the salvage value of the existing overhead facilities which are removed. This contribution shall be refundable as additional customers attach to facilities for which the customer made a contribution if the cost of the required distribution facilities to serve the new customer is less than the appropriate embedded cost allowance.

(3) Upgrade of distribution facilities.

(a) Due to change in load. Customers who request an upgrading of the utility distribution facilities due to a change in the character of their load shall pay for the construction costs incurred by the utility to provide the requested additional facilities.

(b) Demand schedule. Customers who are served under a demand rate schedule shall receive an embedded cost allowance. The kilowatts of demand to be used in determining the allowance shall be the customer’s average billed demand after the upgrade less the customer’s average billed demand before the upgrade.

(c) Customers transferring to a different energy-only classification. If a customer served under an energy-only subclassification prior to the upgrade qualifies for a different energy-only subclassification after the upgrade, the customer shall receive a cost allowance equal to the difference between the embedded cost allowances.

(d) Customers transferring to a demand classification. If a customer is served under an energy-only classification prior tot he upgrade, the customer shall receive an embedded cost allowance. The kilowatts of demand to be used in determining the allowance shall be the customer’s average billed demand after the upgrade less an estimate of the customer’s prior average demand.

(4) Upgrade of service facilities.

(a) Overhead service drop. The utility shall not charge the customer to upgrade an overhead service drop with a larger size overhead service drop.

(b) Underground service lateral. The utility shall not charge the customer to upgrade an underground service lateral with a larger size underground service lateral.

(c) Overhead service drop to underground service lateral. The utility shall require a contribution from a customer requesting to have an overhead service drop upgraded to an underground service lateral. The contribution shall be equal to the cost of the underground service lateral less the cost of an equivalent overhead service drop.

(5) Payment plans. The utility may require that the required contribution in aid of construction be paid in advance of construction or may, at the utility’s option, offer customers an installment payment plan.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1009 Revision of estimates to reflect actual cost {#sec-psc-113.1009 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1009}

The utility shall adjust its estimate of construction costs to reflect the costs that are actually incurred. Upon completion of an installation which differs from the utility’s original cost estimate, a recalculation of the customer contribution shall be made using the same method as was used to determine the original contribution. If said recalculation differs by more than $20 from original estimate, a refund or additional billing shall be rendered to the customer.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PSC 113.1010 Extension or modification of transmission facilities to retail customers {#sec-psc-113.1010 omnilex-key=us-wi-regs-official--agency-psc--PSC 113.1010}

Before a utility extends or modifies its transmission facilities to a retail customer, the utility shall require a contract between the utility and the customer which describes the facilities to be constructed, lists the cost of construction, apportions the responsibility for the construction costs between the utility and the customer and provides a supporting analysis for the construction and the cost apportionment. The utility shall submit the contract to the commission for approval. The commission shall review the contract to assess whether existing ratepayers would be adversely affected by the proposed extension or modification. If the commission does not respond to the utility within 20 working days from the date of receipt, the contract is approved.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Chapter PSC 114 WISCONSIN STATE ELECTRICAL CODE, VOLUME 1

Subchapter I Administration and Enforcement

Wis. Admin. Code § PSC 114.001 Definitions and general information {#sec-psc-114.001 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.001}

(1) Definitions. In this chapter:

(a) “Commission” means the public service commission.

(b) “Ordinary high water mark” has the meaning given in s. NR 115.03 (6).

(2) Administrative authorities. The Wisconsin State Electrical Code is issued and administered by the commission and the department of safety and professional services, division of safety and buildings as part of the Wisconsin Administrative Code. The commission has primary responsibility for issuance and administration of Volume 1 as found in this chapter. The department of safety and professional services, division of safety and buildings has similar responsibility for issuance and administration of Volume 2 which is found in ch. SPS 316.

(3) Availability of the State Electrical Code. The commission has adopted the 2023 edition of the National Electrical Safety Code (NESC-2023) with certain deletions, changes and additions which are found in Volume 1, Wisconsin State Electrical Code. Copies of the NESC may be purchased from the Institute of Electrical and Electronics Engineers, Inc., IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08855-1331 (telephone 1‑800‑678-IEEE) or the American National Standards Institute, 1180 Avenue of the Americas, 10th Floor, New York, NY 10036 (telephone 1-212-642-4900). Copies of the NESC may be ordered online at http://standards.ieee.org/products-programs/nesc/. Copies of Volume 1, Wisconsin State Electrical Code, may be ordered from the Wisconsin Department of Administration, Document Sales, https://docsales.wi.gov, 2310 Darwin Road, Madison, WI 53704-3108 (telephone 1-608-243-2441). Unofficial copies of the rules can be obtained online at http://docs.legis.wi.gov/code/admin_code/psc/114/.

Note: The department of safety and professional services, division of safety and buildings, has similarly adopted the National Electrical Code (NEC) with certain deletions, changes and additions which are found in Volume 2, Wisconsin State Electrical Code. Copies of Volume 2, Wisconsin State Electrical Code, may be ordered from the Wisconsin Department of Administration, Document Sales, https://docsales.wi.gov, 2310 Darwin Road, Madison, WI 53704-3108. See ch. SPS 316 for current availability information for the NEC.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (1) made (4) (b) 6., 7., Stats., Register January 2012 No. 673; correction in (2) made (4) (b) 6., Stats., Register. CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (3) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. (3) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.002 Purpose and scope {#sec-psc-114.002 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.002}

(1) Purpose. The purpose of this chapter is the practical safeguarding of persons during the installation, operation or maintenance of electric supply and communication lines and their associated equipment. This chapter contains basic provisions considered necessary for the safety of employees and the public. This chapter is not intended as a design specification or an instruction manual.

(2) Scope.

(a) This chapter applies to supply and communications lines, equipment, and associated work practices employed by an electric supply, communication, railway, or similar utility in the exercise of its function as a utility. In addition, this chapter prohibits the location of buildings, structures, and equipment and prohibits materials storage and change of grade, by any person in violation of the clearance requirements of this chapter. This chapter has also been adopted by the department of safety and professional services as part of Volume 2, Wisconsin State Electrical Code, for application to installations over 600 volts of parties other than utilities.

(b) This chapter applies to utility facilities and functions up to the service point.

(c) This chapter applies to street and area lights, supplied by underground or overhead conductors, under the exclusive control of utilities, including their authorized contractors, and municipal electrical departments.

(d) This chapter does not apply to installations in mines, ships, railway rolling equipment, aircraft, or automotive equipment, or utilization wiring except as covered in Parts 1 and 3, NESC-2023.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (2) (d) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. (2) (d) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.003 Authority and statutory references {#sec-psc-114.003 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.003}

(1) Statutory authority. Volume 1, Wisconsin State Electrical Code, constitutes a general order of the commission authorized by ss. 196.74 and 227.11, Stats.

(2) Compliance with electric code.

(a) A utility must obtain proof of compliance with Volumes 1 and 2 of the Wisconsin State Electrical Code before energizing service. Proof of such compliance shall consist of a certificate furnished by a municipal or other recognized inspection department or officer, or if there is no such inspection department or officer it shall consist of a written statement furnished by the contractor or other person doing the wiring, indicating that there has been such compliance.

(b) A utility shall comply with Volume 1, Wisconsin State Electrical Code when providing electric service.

Note 2: The authority for the enforcement of Volume 1, Wisconsin State Electrical Code, is vested in the commission with respect to the installation and operation of circuits or equipment by public utilities and railroads in the exercise of their functions as utilities and railroads.

(3) Other requirements.

(a) Nothing in this chapter shall be construed to deprive a municipality of jurisdiction over utilities, places of employment or public buildings, except that no local requirements shall be less stringent than the requirements in this chapter.

Note 2: See s. 196.58, Stats.

(b) A utility may seek commission approval of requirements covering an area related to the subject matter of this chapter that is not specifically addressed by this chapter or the NESC, but such requirements must be acceptable and not less stringent than the requirements of this chapter.

Note 2: See s. 196.19, Stats. Also, there are state statutes that refer directly to certain electrical construction. Some of these are: ss. 66.0831, 86.16, 134.41, 182.017, 182.0175, 182.018, 196.171, 196.58, 196.67, 196.72, and 941.40, Stats.

(4) Complaints. If a complaint is filed with the commission by any interested party to the effect that public safety requires changes in construction or methods of operation, the commission shall investigate and make recommendations.

Note 2: See s. 196.74, Stats., for procedure if changes in utility facilities are necessary.

(5) Enforcement. The requirements in the code are enforceable in the same manner as other orders of the commission.

Note 2: See ss. 102.57, 102.58, 195.07, 196.41, 196.64, 196.66, 196.74, and ch. 227, Stats.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14.

Subchapter II General Requirements

Wis. Admin. Code § PSC 114.004 General requirements {#sec-psc-114.004 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.004}

(1) Character of construction, maintenance and operation. All electrical power and communication equipment and lines shall be of such construction, and so installed, operated, and maintained as to minimize the loss of life and fire hazard.

(2) Construction, inspection and repairs.

(a) All construction and equipment shall be cleaned when necessary and inspected at such intervals as experience has shown to be necessary. Any equipment or construction known to be defective so as to endanger life or property shall be promptly repaired, permanently disconnected, or isolated until repairs can be made. Construction, repairs, additions and changes to electrical equipment and conductors shall be made by qualified persons only.

(b) Facilities installed or used in the generation, transmission, distribution, and utilization of electricity shall be designed for such installation or use.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14.

Wis. Admin. Code § PSC 114.005 Application of rules {#sec-psc-114.005 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.005}

(1) New installations and extensions.

(a) This chapter shall apply in full to all new installations, reconstructions, alterations and extensions, except as modified or waived by the commission under par. (b).

(b) Waiving rules. The commission may modify or waive these rules in particular cases when rules are shown for any reason to be impractical or if equivalent safety is secured in other ways.

(2) Existing installations.

(a) Where an existing installation meets, or is altered to meet these rules, such installation is considered to be in compliance with this edition and is not required to comply with any previous edition.

(b) Existing installations, including maintenance replacements, which comply with prior editions of the code, need not be modified to comply with these rules except as may be directed for safety reasons by the commission and within the time the commission determines.

(c) Where a utility adds, alters, or replaces conductors or equipment on an existing structure, the structure or the facilities on the structure need not be modified or replaced if the resulting installation will be in compliance with the rules in effect at one of the following times:

At the time of the original installation.
At the time of an addition, alteration, or replacement.
Currently, in accordance with par. (a).

(4) Temporary installations. Modifying or waiving certain of the rules will sometimes be necessary in case of temporary installations or installations which are shortly to be dismantled or reconstructed. Such temporary construction may be used for a reasonable length of time without fully complying with this code, provided it is under competent supervision while it or adjoining equipment is energized or if it is protected by suitable barriers or warning signs when accessible to any person; but all such construction shall be made reasonably safe.

(5) Testing. Rooms which are used exclusively for routine or special electrical test work, and therefore are under the supervision of a qualified person, need comply with this code only insofar as is practical for the character of the testing done.

(6) Emergency. In case of emergency the person responsible for the installation may modify or waive any requirement of this chapter, subject to review by the commission, even should an application be pending before the commission for a requested emergency related modification or waiver.

(7) Intent.

(a) The word “shall” indicates provisions that are mandatory.

(b) The word “should” indicates provisions that are normally and generally practical for the specified conditions. However, where the word “should” is used, it is recognized that, in certain instances, additional local conditions not specified herein may make these provisions impractical. When this occurs, the difference in conditions shall be appropriately recognized and s. PSC 114.002 shall be met.

(d) Exceptions to a rule have the same force and effect required or allowed by the rule to which the exception applies.

(e) The word “RECOMMENDATION” indicates provisions considered desirable, but that are not intended to be mandatory.

(f) The word “NOTE” or the word “EXAMPLE” used in a rule indicates material provided for information or illustrative purposes only. “NOTES” and “EXAMPLES” are not mandatory and are not considered to be a part of Code requirements.

(g) A “RECOMMENDATION,” “EXCEPTION,” or “NOTE” applies to all text in that rule above its location that is indented to the same level.

(8) Applications not specifically addressed. For all applications not specifically addressed in these rules, the design, construction, operations, and maintenance shall be done in accordance with accepted good practice for the given local conditions known at the time.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14.

Wis. Admin. Code § PSC 114.006 Adoption of standard by reference {#sec-psc-114.006 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.006}

(1) Adoption of standard. The National Electrical Safety Code-2023 edition (also American National Standards Institute C2-2023 edition) subject to omissions, changes and additions as otherwise shown in this chapter, is hereby incorporated by reference into the Wisconsin State Electrical Code, Volume 1. Interim amendments to the NESC-2023 will not be effective in this state until such time as this chapter is revised to reflect such changes.

(2) Consent to incorporate NESC-2023 by reference. Pursuant to s. 227.21, Stats., the attorney general has consented to the incorporation by reference of these standards contained in the NESC-2023, except for the omissions, changes and additions as shown later in this chapter. Copies of the NESC-2023 are on file in the offices of the commission and the legislative reference bureau.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Subchapter III Omissions, Changes or Additions to NESC-2017

Wis. Admin. Code § PSC 114.007 Omissions, changes, additions to NESC-2023 {#sec-psc-114.007 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.007}

Omissions, changes, or additions to the NESC-2023 are specified in this subchapter and are rules of the commission and not requirements of the NESC-2023.

Note 1: Each omission, change or addition is found in the same location in this subchapter as the appropriate NESC part, section or subsection where the affected rule is found. Each change or addition has been prefixed by ch. PSC 114. Following the PSC designation is the referenced NESC section or subsection and the page on which it is found in the NESC. Example: PSC 114.096C [NESC 096C, p. 34]. The word “Change” following the section number and heading means that the corresponding wording of the NESC-2023 has been changed and that the new wording is substituted at the appropriate location. The word “Addition” following the section number and heading means that a new requirement is incorporated in the NESC-2023 and that the new requirement is inserted at the appropriate location.

Note 2: To observe federal directives and recommendations that national standards adopt the metric system for units of measure, the numerical values of the NESC-2023 are stated in the metric system and in the customary inch-foot-pound system. To conform to this more international convention, this revision of the Wisconsin State Electrical Code, Volume 1 also adopts the same measurement convention. In the text, the metric value is now shown first with the customary inch-foot-pound value (in parentheses) following. In tables, the metric values are also given first and where the entire tables are duplicated, the table of metric values appears first with the table of inch-foot-pound values following.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.010 Omissions {#sec-psc-114.010 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.010}

[NESC 010 through 016, pp. 1-6] Introduction to the National Electrical Safety Code (Section 1) (Omission) Rules 010 through 016 of the NESC-2023 are omitted and not incorporated as part of the Wisconsin State Electrical Code, Volume 1.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.02 Definitions of special terms {#sec-psc-114.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.02}

(1) Administrative authority. [NESC Section 2., p. 7] (Change) Change the definition of “Administrative Authority” to read:

(2) Commission. [NESC Section 2, p. 8] (Addition) Add the following definition:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039 r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (title), r. (intro.), consol. (1) (intro.) and (a), renum. to (1) and am., consol. (2) (intro.) and (a), renum. to (2) and am. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PSC 114.092 Point of connection of grounding conductor {#sec-psc-114.092 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.092}

(1) Cable with insulating jacket. [NESC 092B2b(3), p. 24] (Change) Change paragraph (3) to read:

(2) Current in grounding conductor. [NESC 092D, p. 25] (Change) Change paragraph D to read:

Note 2: Some amount of current will always be present on the grounding conductors of an operating AC electrical system. That current may be conducted and/or induced and is not, in and of itself, objectionable.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.092 (title) under s. 13.92 (4) (b) 2., Stats., renum. (1) and (2) from PSC 114.092B2b and 114.092D under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (title), (1) (intro.), (2) (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.094 Grounding electrodes {#sec-psc-114.094 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.094}

[NESC 094B3, p. 29] (Change) Change section of Rule 094B3 of the NESC-2023 to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: consol. (intro.) and (1), renum. to PSC 114.094 and am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.096 Ground resistance requirements {#sec-psc-114.096 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.096}

[NESC 096C, p. 33] (Change) Change paragraph C to read:

Exception 1: In underground multi-grounded systems where an insulating jacket or nonmetallic conduit is used over direct-buried concentric-neutral supply cable, this requirement may be reduced to four grounds in each 1.6 km (mile). This exception for use of supply cable with an insulating jacket or nonmetallic conduit shall not be permitted for random lay construction. See Part 3, Rule 354, “Random Separation-Separation Less Than 300 mm (12 in) from Underground Structures or Other Cables.”

Exception 2: Where underwater crossings are encountered, the requirements of made electrodes do not apply for the underwater portion if the neutral is of sufficient size and capacity for the duty involved and the requirements of Rule 092B2 are met.

Recommendation: This rule may be applied to shield wire(s) grounded at the source and which meet the multi-grounded requirements of this rule.

Note 2: Multi-grounded systems extending over a substantial distance are more dependent on the multiplicity of grounding electrodes than on the resistance to ground of any individual electrode. Therefore, no specific values are imposed for the resistance of individual electrodes.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; renum. PSC 114.096 from PSC 114.096C under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.097 Separation of grounding conductors {#sec-psc-114.097 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.097}

(1) Paragraph C. [NESC 097C, p. 34] (Changes) Change paragraph C to read:

(2) Underground or single-grounded systems and multi-grounded systems. [NESC 097D, p. 34] (Change) Change paragraph D to read:

Exception: Where it is necessary to separate the neutrals, interconnection of the neutrals shall be made through an electronic switching device designed for the purpose and of a type acceptable to the authority having jurisdiction. The device shall have a 60 Hz breakdown voltage not exceeding 3 kV and have a short circuit current withstand capability greater than the short circuit current available at the location of installation. At least one other grounding connection on the secondary neutral shall be provided in addition to the customer's grounds at each service entrance. A distance of not less than 3.60 m (12 ft) nor more than 6.1 m (20 ft.) shall separate the secondary neutral grounding electrode from the primary neutral and surge arrester grounding electrode, which shall not be relocated to accommodate this separation. Since a difference of potential will exist where primary and secondary neutrals are not directly interconnected, the primary and secondary grounding conductors shall be insulated for 600 V.

Note 2: Cooperation of all communications and supply utilities, customers of these utilities, and others may be necessary to obtain effective isolation between primary and secondary neutrals.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (intro.), (1) (intro.), (2) (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.099 Additional requirements for grounding and bonding of communication apparatus {#sec-psc-114.099 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.099}

(1) Additional requirements for grounding and bonding of communication apparatus. [NESC 099, p. 35] (Change) Change title to read:

(2) Bonding of electrodes. [NESC 099C, p. 35] (Change) Change paragraph C to read:

Recommendation: If water piping is used as a bonding means, care must be taken to assure that the metallic path is continuous between electrodes.

Note 1: See NEC Article 800-100(D) for corresponding NEC requirements.

Note 2: The bonding together of all separate electrodes limits potential differences between them and between their associated wiring systems.

(3) Transmission shield wire systems and transmission systems with under-built multi-grounded distribution systems. [Follows NESC 099C, p. 36] (Addition) Following NESC 099C, add paragraph D to read:

Exception: Shield wires that are segmented and isolated from ground at a particular pole or structure need not follow this rule.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; number (1) to (3) under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (intro.), (1) (intro.), (2), (3) (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.102 Application of rules {#sec-psc-114.102 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.102}

[NESC 102, p. 37] (Change) Change paragraph 102 to read:

History

CR 18-007: cr. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.103 Referenced sections {#sec-psc-114.103 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.103}

[NESC 103, p. 37] (Change) Change paragraph 103 to read:

History

CR 18-007: cr. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.114 Fire-extinguishing equipment {#sec-psc-114.114 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.114}

[Follows NESC 113, p. 44] (Addition) Following NESC 113 add paragraph 114 to read:

Exception: This rule does not apply to unmanned, outdoor substations that do not contain a control building or similar building. This rule is not intended to require permanently installed fire extinguishers or fire extinguishment system in all electric supply stations or in all areas of large, complex stations.

History

CR 18-007: cr. Register February 2020 No. 770, eff. 3-1-20 CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.141 Supply station, switchgear and plant batteries {#sec-psc-114.141 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.141}

(1) Switchgear and plant batteries. [Follows NESC 141, p. 61] (Change) Change title to read:

(2) Scope. [Follows NESC 141, p. 61] (Change) Change section A to read:

(3) Usage. [Follows NESC 141, P.61] (Change) Change section B to read:

History

CR 26-017: cr. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.191 Location {#sec-psc-114.191 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.191}

[Follows NESC 191, p. 71] (Change) Change section 191 to read:

History

CR 26-017: cr. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.202 Application of rules {#sec-psc-114.202 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.202}

[NESC 202, p. 72] (Change) Change paragraph 202 to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.210 Referenced sections {#sec-psc-114.210 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.210}

[NESC 210, p. 73] (Change) Change paragraph 210 to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.215 Grounding and bonding {#sec-psc-114.215 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.215}

[NESC 215C1, p.74] (Addition) Following NESC 215C1 Exception 3, add Exception 4 to read:

Exception: This requirement does not apply to supply cables meeting Rule 230C3 or communication cables.

History

CR 13-039: cr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.215 (title) under s. 13.92 (4) (b) 2., Stats., renum. (1) and (2) from PSC 114.215C4b and 114.215C5b under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: r. and recr. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.219 Marking of poles and structures carrying high voltage supply lines {#sec-psc-114.219 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.219}

[Follows NESC 218, p. 79] (Addition) Following NESC 218, add section 219 to read:

Exception: Existing poles and structures installed prior to July 1, 2003, are permitted to continue to use the “Danger - High Voltage” sign format meeting the requirements of the prior rule until such signs are replaced.

Note 2: This rule amends and expands the application of the warning sign requirements of s. 196.67, stats., as it existed prior to its revision which became effective on January 1, 1995. In 1993, this statute was revised by deleting the specified location provisions limiting the required signing to certain poles. As a result, all poles and structures supporting lines with a voltage of 2,000 or more installed after the effective date of January 1, 1995, are required to carry warning signs. See s. 196.67, stats.

Note 2: The specification of clearances in Rules 232, 233, and 234, first adopted in the NESC-1990, and continued in the 1997 edition of the NESC adopted herein, have been revised in both concept and content to reflect the new Uniform System of Clearances approach which is described in Appendix A of NESC-1990, NESC-1993, NESC-1997, NESC-2002, NESC-2007, NESC-2012 and NESC-2017. Because the approach and the application of the rules have been revised, it must be understood that clearance values of editions of the national and state codes prior to 1990 cannot be directly compared to those of editions of the codes after 1990. See Appendix A of NESC-1990, NESC-1993, NESC-1997, NESC-2002, NESC-2007, NESC-2012, or NESC-2017.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.230 General {#sec-psc-114.230 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.230}

(1) Application. [NESC 230A1 and 230A2, p. 86] (Omission) Rules 230A1 and 230A2 of the NESC-2023 are omitted and not incorporated as part of the Wisconsin State Electrical Code, Volume 1.

(2) Maintenance of clearances and spacings. [NESC 230I, p. 90] (Change) Change the Note in paragraph I to read:

Note 2: See s. PSC 114.005 (2) to determine the applicable edition.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.230 (title) under s. 13.92 (4) (b) 2., Stats., renum. (1) and (2) from PSC 114.230A and 114.230I under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.231 Clearance of supporting structures from other objects {#sec-psc-114.231 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.231}

[NESC 231B1, p. 93] (Change) Change paragraph 1 to read:

History

CR 18-007: cr. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.232 Vertical clearances of wires, conductors, cables, and equipment above ground, roadway, rail, or water surfaces {#sec-psc-114.232 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.232}

(1) Table PSC 114.232-1. [NESC, table 232-1, pp. 97-100]

(c) Footnote 27 [NESC, Table 232-1, p. 100] (Addition) Following section NESC, Table 232-1 Footnote 26, add Footnote 27 to read as follows:

Exception: Regardless of width, the clearance over a canal, river, or stream normally used to provide access for sailboats to a larger body of water shall be the same as that required for water areas suitable for sailboating on the larger body of water. This also applies where a sailboat may be transported across such water with its mast extended.

(d) Footnote 27 [NESC, Table 232-1, p. 100] (Addition) Add the reference to Footnote 27 in the NESC-2023 Table 232-1 on to the sailboating category titles of rows 6 and 7. It applies to all clearances in those rows.

(e) Footnote 28 [Follows NESC, Table 232-1 Footnote 27, p. 100] (Addition) Following Footnote 27 for Table 232-1, add Footnote 28 which reads as follows:

(f) Footnote 29 [Follows NESC, Table 232-1 Footnote 28, p. 100] (Addition) Add the reference to Footnote 29 in the Table 232-1 to the conductor category titles of columns 3, 4 and 5. It applies to all clearances in those columns.

(2) Table PSC 114.232-2. [NESC, Table 232-2, p. 102] (Change). Change Footnote 8 to read as follows:

(3) Table PSC 114.232-3. [NESC, table 232-3, p. 104] (Change). Change Footnote 3 to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.232 (title) under s. 13.92 (4) (b) 2., Stats., number (1) to (3) under s. 13.92 (b) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (1) to (3) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.234 Clearance of wires, conductors, cables, and equipment from buildings, bridges, rail cars, swimming pools, and other installations {#sec-psc-114.234 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.234}

(1) Clearances. [NESC 234C1a, p. 115] (Change) Change paragraph (1) (a) to read:

(2) Transmission lines over dwelling units. [Follows NESC 234C1b, p. 116] (Addition) Following 234C1b, add the following paragraph c:

Note 1: It is the intent under s. SPS 316.225(6) that the public not construct any portion of a dwelling unit under such lines.

Note 2: The term “dwelling unit” has the meaning given in ch. SPS 316, which adopts by reference the definitions in NEC-2008.

Note 3: See s. SPS 316.225(6) Clearance Over Buildings and Other Structures, which refers to ch. PSC 114 regarding clearance of conductors over 600 volts and the prohibition of dwellings under or near overhead lines.

(3) Service-drop conductors, including drip loops shall have clearance of not less than the following. [NESC 234C3d, p.117] (Change) Change Exception (a) to read:

Exception (a): 2.45 m (8 feet). This clearance may be reduced to 0.90 m (3 ft) for supply conductors limited to 300 volts to ground and communication conductors and cables if the roof has a slope of not less than 1 (vertical) to 3 (horizontal).

(4) Clearance of lines near stored materials. [Follows NESC 234C5, p. 117] (Addition) Following 234C5, add the following paragraph 6 and note:

Note: See NESC Rule 234F for Grain Bin clearances.

(5) Clearance of supply lines near fuel storage tanks. [Follows NESC 234C5, p. 117] (Addition) Following NESC 234C5 and the PSC 114 addition of paragraph 6, add the following paragraph 7 and exceptions 1 and 2 to read:

Exception 1: These requirements do not apply to liquefied petroleum gas tanks with a capacity of 1,000 gallons or less.

Exception 2: These requirements do not apply to tanks enclosed in a building or fully covered by a roof or canopy capable of preventing falling overhead supply conductors from directly contacting the tank. In this case, the vertical and horizontal clearance requirements of conductors from buildings apply. See Rule 234C.

(6) Clearance of open supply lines near wells. [Follows NESC 234C5, p. 117] (Addition) Following NESC 234C5 and PSC 114 additions of paragraph 6 and 7, add the following paragraph 8 and exception:

Exception: This rule does not apply to Groundwater Monitoring Wells defined in Wis. Admin. Code ch. NR 141 provided such wells are installed using hydraulic push methods, such as a Geoprobe type rig (The vertical clearance required for a Geoprobe is typically less than 10 feet.) and where sampling is accomplished using a bailer or a submersible pump attached to flexible tubing. This exception is not intended to apply to monitoring wells installed with drilling rigs that are taller than 14 feet or sampling methods that require sections of piping (steel or plastic pipe).

(8) Swimming pools. [NESC 234E1, p. 118] (Addition) Add the following sentence to the beginning of paragraph E1:

(9) Grain bins loaded by permanently installed augers, conveyers, or elevator systems. [Follows NESC 234F1, p. 118] (Addition) Following 234F1, add exception and note to read:

Exception: Farm silos that are loaded by a blower through a vertical metal tube permanently attached to the side of the structure are not considered grain bins.

Note: Typical cylindrical farm silos are considered buildings for the purposes of this code and the clearance requirements of NESC Rule 234C, as amended herein, would apply.

(11) Table PSC 114.234-1. [NESC Table 234-1, pp. 130: feet]

(a) Table PSC 114.234-1 [NESC Table 234-1, p. 130: feet] (Change) Change the following values in the NESC Table 234-1 (feet):

The value in Item (Row) 1.b.(1), Column 2 is revised from “3.0” to “8.0.”
The value in Item (Row) 1.b.(1), Column 3 is revised from “3.5” to “8.0.”

(b) Footnote 19 [Follows NESC Table 234-1 Footnote 18, p. 132: feet] (Addition) Following Footnote 18 for Table 234-1 (feet), add Footnote 19 to read:

(c) Footnote 19 [NESC Table 234-1, p. 132: feet] (Addition) Add the reference for Footnote 19 to the values in Item (Row) 1.b.(1), Columns 2 and 3.

(13) Table PSC 114.234-6. [NESC Table 234-6, p. 136]

(a) Table PSC 114.234-6 [NESC Table 234-6, p. 136: feet] (Change) Change the following values from the NESC Table 234-6 (feet):

(b) Footnote 3 [Follows NESC Table 234-6 Footnote 2, p. 136] (Addition) Following Footnote 2, add footnote 3, which reads as follows:

(c) Footnote 3 [NESC Table 234-6, p. 157: feet] (Addition) The reference to Footnote 3 is added to the value in Items Row 4 (230C3, 230C2), Columns 6 and 7; Row 5 (230C1), Columns 6 and 7; Row 6 (230D), Column 6; Row 7 (230C3, 230C2), Columns 3, 4, 6 and 7; Row 8 (230C1), Columns 3, 4, 6 and 7; Row 9 (230D), Columns 3 and 6.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.234 (title) under s. 13.92 (4) (b) 2., Stats., renum. (1) to (10) from PSC 114.234C1a, 114.234C1c, 114.234C3d, 114.234C6, 114.234C7, 114.234C8, 114.234C9, 114.234E1, and 114.234F1 under s. 13.92 (4) (b) 2., Stats., Register March 2015 No. 711; CR 18-007: am. (1) (intro.), (2) (intro.), (3) (intro.), (4) (intro.), (5) (intro.), (6) (intro.), r. (7), am. (8) (intro.), (9) (intro.), r. and recr. (10), cr. (11) to (13) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. (1) to (9), r. (10), am. (11), r. (12), am. (13) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.235 Clearance for wires, conductors, or cables carried on the same supporting structure {#sec-psc-114.235 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.235}

[NESC 235C2b(1)(c), p. 142] (Change) Change to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; renum. PSC 114.235 from PSC 114.235C2b(1)(a) under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.242 Grades of construction for conductors {#sec-psc-114.242 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.242}

[Follows NESC 242F, p. 174] (Addition) Following NESC 242F, add the following paragraph G to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; renum. PSC 114.242 from PSC 114.242F under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.250 General loading requirements and maps {#sec-psc-114.250 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.250}

(1) Extreme wind loading. Alternative to NESC 250C, p. 278] As an alternate to NESC Tables 250-2(a) and Table 250-2(b), the following Table PSC 114.250-2 and the related definitions and formulas for kZ and GRF may be used. (NESC Figure 250-2(b) “Grade C, 50 years Mean Recurrent Interval (MRI) 3 s gust wind speed map in mph (m/s) 33 ft aboveground (ASCE 7016)” is a part of this rule by reference.)

Note 2: The height of all wire attachments should be based on the height of the highest attachment or total structure height. The formulas to determine kZÌGRF were based on this premise, not the height of each attachment.

(2) Longitudinal capability. [Follows NESC 250D, p. 180] (Addition) Following NESC 250D, add the following paragraph E:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.250 (title) under s. 13.92 (4) (b) 2., Stats., renum. (1) and (2) from PSC 114.250C and 114.250E under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (1), Table PSC 114-250-2 (Metric), Table PSC 114.250-2 (English), (2) (intro.) Register February 2020 No. 770, eff. 3-1-20; correction in (1) (formula) made under s. 35.17, Stats., Register February 2020; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.253 Load factors for structures, cross arms, support hardware, guys, foundations, and anchors {#sec-psc-114.253 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.253}

Table PSC 114.253-1 [NESC Table 253-1, p. 199] Load factors for structures1, crossarms, support hardware, guys, foundations, and anchors to be used with the strength factors of Table 261-1 (Changes)

(1) Change Footnote 2 to read:

(2) Add Footnote 11 to read:

(3) The reference to Footnote 11 is added to the value located at Transverse loads, Wind for Grade C, At line crossings.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.253 (title) under s. 13.92 (4) (b) 2., Stats., renum. (1) and (2) from PSC 114.253-1 under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; correction in PSC 114.253 (title) under s. 13.92 (4) (b) 2., Stats., Register June 2015 No. 714; CR 18-007: am. (intro.), (2) (intro.), (footnote), cr. (3) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. (intro.), (2), (3) Register July 2026 No. 847, eff. 8-1-26; correction in (3) made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § PSC 114.302 Application of rules {#sec-psc-114.302 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.302}

[NESC 302, p. 220] (Change) Change Rule 302 to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.310 Referenced sections {#sec-psc-114.310 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.310}

[NESC 310, p. 221] (Change) Change Rule 310 to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.317 Outdoor location of oil-insulated padmounted transformers near buildings {#sec-psc-114.317 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.317}

[Follows NESC 316, p. 223] (Addition) Following NESC 316, add the following section:

Exception: This does not apply to a glass block or fire window meeting the requirements of the Wisconsin Commercial Building Code (Fire Window IBC Chapter 7, Section 716.3).

Exception: This does not apply to a glass block or fire window meeting the requirements of the Wisconsin Commercial Building Code (Fire Window, IBC Chapter 7, Section 714.3).

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007:am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.350 General {#sec-psc-114.350 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.350}

[NESC 350F, p. 236] (Change) Change paragraph F to read:

Exception 1: Cables with jackets that cannot be effectively marked in accordance with Rules 350F need not be marked.

Exception 2: Unmarked cable from stock existing prior to 1 January 1996 may be used to repair unmarked direct-buried jacketed supply cables and communication cables.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; PSC 114.350 renum. from PSC 114.350F under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.352 Installation {#sec-psc-114.352 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.352}

Table PSC 114.352-1 [NESC Table 352-1, p. 239] Supply cable, conductor, or duct burial depth (Change and Addition)

(1) Change the present “Exception” after the table to “Exception 1”.

(2) Add a new Exception 2 as follows:

Exception 2: Installations of insulated secondary underground cables operating at less than 600 volts between conductors shall be permitted to be laid on the ground during winter months provided they are suitably protected.

(3) (Addition) Add Note to read:

Note 2: Grounding and bonding conductors are covered by Rule 093.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; cr. PSC 114.352 (title) under s. 13.92 (4) (b) 2., Stats., number (1) to (3) under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; correction in (intro.) under s. 35.17, Stats., Register June 2015 No. 714; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. (intro.) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.353 Deliberate separations—Equal to or greater than 300 mm (12 in) from underground structures or other cables {#sec-psc-114.353 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.353}

(2) [Follows NESC 353D, p. 238] (Addition) Following NESC 353D, add the following paragraph E to read:

Exception: If this clearance cannot be attained, the gas line shall be protected from damage that might result from the proximity of the electric supply or communication direct-buried system.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; renum. PSC 114.353 from PSC 114.353E under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: renum. PSC 114.353 to (2) and am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.354 Random separation — separation less than 300 mm (12 in) from underground structures or other cables {#sec-psc-114.354 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.354}

(1) Supply and communication cables or conductors. [NESC 354D1g, p. 241] (Change) Change paragraph g to read:

(2) Insulating jacketed effectively grounded neutral supply cables. [NESC 354D3 Exception, p. 242] (Omission) The exception in Rule 354D3 of the NESC-2023 is omitted and not incorporated as part of the Wisconsin State Electrical Code, Volume 1.

(3) Supply and Communication cables or conductors and non-metalic water and sewer lines. [NESC 354E, p. 242] (Change) Change paragraph E to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; renum. PSC 114.354 from PSC 114.354D1g under s. 13.92 (4) (b) 2., Stats., cr. (1) (title) under s. 13.92 (4) (b) 2., Stats., number (1) and renum. (2) from PSC 114.354E under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: r. and recr. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.381 Design {#sec-psc-114.381 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.381}

[Follows NESC 381G, p. 273] (Addition) Following NESC 381G, add paragraph H to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; renum. PSC 114.381 from PSC 114.381H under s. 13.92 (4) (b) 1., Stats., Register March 2015 No. 711; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PSC 114.402 Referenced sections {#sec-psc-114.402 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.402}

[NESC 402, p. 251] (Change) Change first sentence of NESC Rule 402 to read:

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PSC 114.410 General requirements {#sec-psc-114.410 omnilex-key=us-wi-regs-official--agency-psc--PSC 114.410}

[Follows NESC 410A3b Note 5, p. 251] (Addition) Add the following clarifying note to Rule 410A3b:

Note 6: It is the intent of this rule that the facility owner and equipment owner cooperate to provide the necessary arc assessment of their respective areas of responsibility where work is to be performed. Either the facility owner or the equipment owner may request the appropriate information from the other party and perform the assessment on behalf of the other.

History

CR 07-021: cr. Register January 2008 No. 625, eff. 2-1-08; CR 13-039: r. and recr. Register June 2014 No. 702, eff. 7-1-14; CR 18-007: am. Register February 2020 No. 770, eff. 3-1-20; CR 26-017: am. Register July 2026 No. 847, eff. 8-1-26.

Chapter PSC 115 RADIOLOGICAL EMERGENCY PREPAREDNESS EXPENSES

Wis. Admin. Code § PSC 115.01 Purpose and authority {#sec-psc-115.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 115.01}

The purpose of this chapter is to prescribe procedures enabling electric utilities owning, operating or dependent upon nuclear generating facilities to contribute to the financial support of offsite radiological emergency preparedness activities of local governments.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. Register, June, 1986, No. 366, eff. 7-1-86.

Wis. Admin. Code § PSC 115.02 Applicability {#sec-psc-115.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 115.02}

This chapter shall apply to the following electric utilities:

(1) Wisconsin Electric Power Company.

(2) Wisconsin Public Service Corporation.

(3) Wisconsin Power and Light Company.

(4) Northern States Power Company.

(5) Madison Gas and Electric Company.

History

Cr. Register, October 1981, No. 310, eff 11-1-81; CR 06-046: renum. (1) to be (intro.) to (5) and am., r. (2) Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § PSC 115.03 General criteria for authorizing expenditures for offsite radiological emergency preparedness {#sec-psc-115.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 115.03}

(1) The commission shall authorize expenses incurred by the utilities identified in s. PSC 115.02 (1) for the purposes set forth in s. PSC 115.01 to the extent that such expenses:

(a)

Are incurred by local governmental authorities to establish and maintain radiological emergency preparedness plans and do not exceed $350,000 in the aggregate for the year beginning July 1, 1981, and $250,000 in the aggregate for subsequent years.
Such costs shall be mutually agreed upon by the local government and the utility owning, operating or dependent upon a nuclear generating facility the Emergency Planning Zone of which is located wholly or partially within the boundaries of the local government.

(2) Authorized expenses shall be limited to incremental costs to local governments of radiological emergency response plan components designed to substantially comply with the minimum standards of the nuclear regulatory commission required for continued nuclear power plant operation or the licensing of a new nuclear power facility.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; r. (1) (a) and (3), renum. (1) (b) to be (1) (a), am. (2), Register, June, 1986, No. 366, eff. 7-1-86.

Wis. Admin. Code § PSC 115.04 Appeals {#sec-psc-115.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 115.04}

If any utility identified in s. PSC 115.02 complains to the public service commission that local government costs are unreasonable, the commission shall investigate the complaint. If there appears to be sufficient basis for complaint, the commission shall set the matter for public hearing upon 10 days’ notice to the complainant and the appropriate governmental agencies. After the hearing, if the commission determines that the costs complained of are unreasonable, the commission shall by order determine costs which may reasonably be included as necessary utility expenses for ratemaking purposes.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. (1), r. (2), Register, June, 1986, No. 366, eff. 7-1-86.

Chapter PSC 116 FUEL COST

Wis. Admin. Code § PSC 116.01 Definitions {#sec-psc-116.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.01}

In this chapter:

(1) “Annual fuel cost” means actual fuel cost over a plan year.

(2) “Annual native system requirement” means the native system requirement in megawatthours over a plan year.

(3) “Associated transmission service” means the cost of transmission service incurred outside a utility’s transmission organization, but not any cost associated with a purchased power contract the utility uses to meet its planning reserve requirement.

(4) “Average annual fuel cost” means the annual fuel cost divided by the annual native system requirement.

(5) “Capacity” means the continuous load–carrying ability of electric generation expressed in megawatts.

(6) “Commission” means the public service commission.

(7) “Energy” means the amount of electric generation over a period of time, expressed in megawatthours.

(8) “Energy market purchase” means the cost of purchasing energy or capacity, or both, used to supply electricity to a customer served by the utility. The cost includes marginal energy price, associated transmission service and transmission losses and congestion. The cost excludes capacity or associated transmission service purchased to satisfy a utility’s planning reserve margin, as defined in s. PSC 117.03 (16).

(9) “Energy market sale” means an opportunity sale, as defined in s. PSC 117.03 (14), whether it is an in-state or out-of-state sale. The revenue from an energy market sale includes marginal energy prices, transmission loss, congestion, associated transmission service, and any other revenue resulting from the sale.

(10) “Excess revenues” means revenues in the plan year that provide a utility with a greater return on common equity than authorized by the commission. For the plan year, the following costs and revenues are not included in the calculation of actual return on common equity for the utility:

(a) Charitable contributions and other donations not related to providing utility service.

(b) Penalties.

(d) Promotional advertising.

(e) Earnings or losses from the operation of non-utility assets and gains or losses on the sale of non-utility assets.

(f) Imprudently incurred fuel costs.

(g) Earnings, dividends, or distributions from any ownership interest that a utility may hold in a transmission company, as defined in s. 196.485 (1) (ge), Stats., and any gains or profits a utility may receive from the sale or other disposition of securities issued by a transmission company.

(11) “Fuel” means all of the following used to generate electricity:

(a) Coal.

(b) Natural gas.

(d) Oil.

(e) Any other type of material converted to electric energy, including biomass.

(12) “Native system requirement” means the actual energy sold to customers, energy used by the utility, and line losses. In this subsection, “line losses” means the loss of energy in the operation of an electric system primarily attributable to the energy’s transformation to waste heat in electric conductors and apparatus. “Native system requirement” does not include energy market sales.

(13) “Plan year” means the 12-month period identified in a fuel cost plan.

(14) “Transmission organization” means a transmission organization, as defined in 18 CFR 39.1 (in effect on March 1, 2011, that is used by a utility to serve Wisconsin retail customers.

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 116.02 Fuel cost {#sec-psc-116.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.02}

(1) For any month or longer period of time, a utility shall calculate fuel cost as the net of the costs and credits for all of the following during the time period:

(a) Fuel.

(b) Energy market purchase.

(d) Voluntary curtailable load program, including any payment made to a retail customer under a tariff authorized under s. 196.192 (2) (bm) 1., Stats.

(e) Direct load control program. In this paragraph, “direct load control program” means an event-based, payment-to-customers program under which a utility pays a firm customer to reduce its electric demand when system constraints threaten reliable service. The cost of a direct load control program includes all associated costs except any associated equipment cost or standard monthly credit.

(f) Any tools to manage fuel cost price risk implemented under a risk management plan approved by the commission and included in the fuel cost plan.

(g) Renewable resource credits.

(h) Emission allowances, including allowances for sulfur dioxide and carbon dioxide.

(i) The cost of chemicals used to control emissions.

(2)

(a) If a utility uses a transmission organization to transact an energy market purchase, the utility shall calculate the cost of associated transmission service for that purchase as the sum of the cost of all of the following:

Financial transmission rights or similar related instruments transacted under a risk management plan approved by the commission.
Ancillary services included in a fuel cost plan.
Other transmission organization energy market charges and credits included in an approved fuel cost plan.

(b) The cost of associated transmission service does not include charges for network transmission service.

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11; correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2021 No. 783.

Wis. Admin. Code § PSC 116.03 Fuel cost plan {#sec-psc-116.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.03}

(1) Annually, a utility shall file a proposed fuel cost plan as part of an application to open or reopen a general rate case proceeding or, if the utility does not file a general rate case, the utility shall file a proposed fuel cost plan as part of a proceeding limited in scope to fuel cost. A utility shall file a proposed fuel cost plan no more than 360 days or less than 150 days before the beginning of the plan year.

(2) A utility shall include in a proposed fuel cost plan the following information for the plan year:

(a) A forecast of the average annual fuel cost.

(b) A forecast of the annual fuel cost by fuel type.

(c) A forecast of the annual native system requirement. In a utility’s reopened general rate case proceeding or in a proceeding limited in scope to fuel cost, the applicable annual native system requirement is the same as the commission-approved forecast in the utility’s most recently approved general rate case proceeding.

(d) Detailed input of the economic dispatch model used to forecast fuel cost.

(e) Detailed output of the economic dispatch model used to forecast fuel cost.

(f) All inputs and allocators used to calculate the forecast of the annual average fuel cost and the forecast of the annual native system requirement.

(g) Associated transmission service purchased or sold.

(h) Any other information requested by the commission.

(3) After hearing the commission shall approve a fuel cost plan, with any modifications or conditions the commission considers appropriate. The commission shall establish a utility’s rates in accordance with the approved fuel cost plan, subject to reconciliation under s. PSC 116.07.

(4) Approval of a fuel cost plan by the commission is not a determination that the fuel cost plan is reasonable or prudent for reconciliation purposes under s. PSC 116.07.

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 116.04 Deferral accounting {#sec-psc-116.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.04}

Subject to reconciliation under s. PSC 116.07, a utility shall apply deferral accounting to all of its actual cost for items in an approved fuel cost plan and to all amounts collected or credited under ss. PSC 116.07 and 116.08.

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 116.05 Reporting {#sec-psc-116.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.05}

(1) A utility shall file a report with the commission that includes the actual cost for items in an approved fuel cost plan, native system requirement, and the use of items in the approved fuel cost plan by item and energy source. The report shall also include the average monthly figure for each category for the plan year to date.

(2) A utility shall file the report according to a schedule the commission establishes. Upon written request, the commission may grant a utility an extension of up to 30 days for the filing of a report.

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 116.06 Deferred account balance calculation {#sec-psc-116.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.06}

(1) A deferred account balance debit shall be calculated using the following formula:

(2) A deferred account balance credit shall be calculated using the following formula:

(3) A utility’s fuel cost tolerance shall be set at plus or minus two percent, unless the commission sets a different percentage when approving a fuel cost plan under s. PSC 116.03 (3).

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 116.07 Reconciliation {#sec-psc-116.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.07}

(1) Annually, but no later than 90 days after the end of the plan year, a utility shall file an application for the reconciliation of actual cost for items in an approved fuel cost plan for the plan year.

(2) The utility in its application shall identify and explain the following:

(a) Fuel cost.

(b) Deferred account balances.

(d) Excess revenues.

(e) Deviations from the approved fuel cost plan, including differences in scheduled and in forced outage rates.

(3) The commission shall commence a proceeding to consider the application and shall conclude the proceeding no later than 240 days after the end of the plan year. The commission shall review all of the items identified in sub. (2) and may request that the utility provide any other information the commission considers appropriate.

(4)

(a) If after hearing the commission finds the utility demonstrated that the deferred account balance debit is accurate and includes only prudently-expended fuel costs, the commission shall authorize the utility to recover in rates the amount of the deferred account balance debit less any amount of fuel costs already collected from customers under s. PSC 116.08, plus any fuel costs already credited to customers under s. PSC 116.08, and less any utility excess revenues.

(b) If the amount already collected from customers under s. PSC 116.08 is greater than the deferred account balance debit found in par. (a) less any excess revenues, the commission shall order the utility to credit the difference to customers.

(c) If after opportunity for hearing the commission finds a deferred account balance credit, the commission shall order the utility to credit to customers the amount of the deferred account balance credit, plus any amount already collected from customers under s. PSC 116.08, and less any amount already credited to customers under s. PSC 116.08.

(5) For any amount under sub. (4), the commission shall do all of the following:

(a) Establish a date upon which collection may begin or credit shall begin, and a date upon which the collection or credit shall terminate.

(b) Calculate the rate of collection or credit using the current fuel cost plan.

(c) Calculate and apply interest to the amount starting on the first day of the plan year in which collection or credit occurs until the termination date established in par. (a), by applying the utility’s authorized short-term debt rate to the outstanding amount, on a monthly basis.

(6) Based on the termination date established in sub. (5) (a), any amount over-collected or under-credited shall be charged to the appropriate deferred account.

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 116.08 Mid-year rate adjustment {#sec-psc-116.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 116.08}

(1) The commission may commence a proceeding to adjust rates for a utility during a plan year if all of the following apply:

(a) During the plan year the commission projects that the utility’s average annual fuel cost will differ materially from the forecast of the average annual fuel cost used in an approved fuel cost plan.

(b) The difference is due to extraordinary circumstances.

(c) The commission finds that the absolute value, at current rates, of the difference at the end of the plan year between the commission’s projection of utility average annual fuel cost and the commission’s approved forecast of utility average annual fuel cost, as specified in par. (a), likely will be of sufficient magnitude to cause a material change to rates.

(2) After a hearing, the commission may approve a rate change that is designed to avoid a difference of such magnitude.

(3) The commission may not adjust an approved fuel cost plan in an order under sub. (2).

(4) A utility may not obtain an increase in rates under sub. (2) more than once during a plan year.

History

CR 08-070: cr. Register February 2011 No. 662, eff. 3-1-11.

Chapter PSC 117 ASSIGNMENT OF COSTS AND OPPORTUNITY SALES

Wis. Admin. Code § PSC 117.01 Scope {#sec-psc-117.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 117.01}

This chapter implements s. 196.03 (5m), Stats., which requires the public service commission to promulgate administrative rules to consider the costs and revenues related to sales to out-of-state customers in setting rates for retail electric service.

History

Cr. Register, March, 2000, No. 531, eff. 4-1-00.

Wis. Admin. Code § PSC 117.02 Applicability {#sec-psc-117.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 117.02}

This chapter applies to all electric public utilities as defined in s. 196.01 (5), Stats., with respect to sales transactions set forth in s. PSC 117.01. The commission may also apply this chapter to sales to in-state customers that the utility does not have a duty to serve.

History

Cr. Register, March, 2000, No. 531, eff. 4-1-00.

Wis. Admin. Code § PSC 117.03 Definitions {#sec-psc-117.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 117.03}

In this chapter:

(1) “Capacity” means the continuous load-carrying ability of electric generation expressed in megawatts.

(2) “Commission” means the public service commission of Wisconsin.

(3) “Energy” means the amount of electric generation or use of electric power over a period of time, expressed in kilowatthours, megawatthours, or gigawatthours.

(4) “Excess capacity” means any existing capacity and any planned additional capacity that is not needed to meet native customers’ capacity demands, contracted firm power sales, and the required planning reserve margin after taking into consideration scheduled maintenance outages.

(5) “Existing capacity” means all installed and in-service generating capacity owned by the public utility and all purchased firm capacity under contract to the public utility.

(6) “Firm capacity” means electric capacity that cannot be curtailed for economic reasons by either the transmission provider or the supplier of capacity.

(7) “Firm power sale” means any sale by a public utility of firm capacity, or firm capacity and electric energy to a customer other than the public utility’s native customers.

(8) “Fuel rules” means the provisions of ch. PSC 116.

Note: The commission administers the fuel rules, under ch. PSC 116, to individual public utilities in the commission’s rate orders for those public utilities.

(9) “Fully-allocated sale” means a firm power sale that does not meet the definition of an opportunity sale.

(10) “Incremental cost” means the additional costs that would be incurred by producing or purchasing the next available unit of electric energy or capacity in order to supply the sale.

(11) “Jurisdictional cost-of-service study” means a method of allocating a public utility’s total revenue requirement among each retail and wholesale jurisdiction using factors such as capacity demands, energy requirements, and customer data.

(12) “Native customers” means the retail electric customers that the public utility has a duty to serve, under ss. 196.03 (1), 196.20 (1), and 196.53, Stats.

(13) “Non-firm power sale” means any sale of electric capacity, or electric capacity and energy, to a customer other than the public utility’s native customers, that is not a firm power sale.

(14) “Opportunity sale” means either a non-firm power sale, or a firm power sale that meets all of the following conditions:

(a) The contracted sale is a firm power sale that does not extend more than 3 years.

(b) The contracted sales capacity could be supplied from excess capacity that existed at the time the sales contract was signed by the selling public utility, and at that time excess capacity was reasonably expected to exist during the entire term of the contract.

Note: Firm power sales contracts that include options for the purchaser to extend the contract to a period of more than 3 years shall be considered to extend more than 3 years.

Note: Firm power sales contracts that include a provision to automatically extend the contract to a period of more than 3 years, unless the purchaser notifies the seller that it is exercising it option to cancel the automatic extension, shall be considered a sale that extends more than 3 years.

(15) “Planned additional capacity” means any additional capacity that will be owned by the public utility and that is expected to be installed and in-service within three years. “Planned additional capacity” does not include additional capacity which requires commission approval under either s. 196.491, Stats., or ch. PSC 112 until such commission approval has been granted. “Planned additional capacity” does not include additional capacity that does not require commission approval under either s. 196.491, Stats., or ch. PSC 112 until the construction of such additional capacity has been approved by the board of directors of the public utility.

(16) “Planning reserve margin” means the difference between the public utility’s expected annual peak existing capacity plus any planned additional capacity and the public utility’s expected annual peak demand, expressed as a percentage of the annual peak demand. In this subsection, “public utility’s expected annual peak demand” includes the expected peak demand of its native customers, less any interruptible sales to native customers, plus any firm power sales under contract.

(17) “Required planning reserve margin” means the minimum planning reserve margin that the commission requires the public utility to maintain for system reliability.

(18) “Scheduled maintenance outages” means regularly scheduled outages or planned outages caused by the removal of generation equipment from service for the purpose of inspection or general maintenance of one or more major components.

History

Cr. Register, March, 2000, No. 531, eff. 4-1-00.

Wis. Admin. Code § PSC 117.04 Responsibilities of the public utility {#sec-psc-117.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 117.04}

In each rate proceeding before the commission that affects the selling public utility’s retail rates, or at the request of the commission, the public utility shall have the burden to prove that a sale for which the public utility requests opportunity sales treatment, s. PSC 117.05 (2), qualifies as an opportunity sale. At a minimum, the public utility shall provide evidence that includes all of the following:

(1) Information showing that the term of the contract does not extend more than 3 years, does not include an option for the purchaser to extend the term of the contract to more than three years and does not include a provision which automatically extends the term of the contract to more than 3 years.

(2) Information showing that excess capacity to supply the sale existed at the time the sales contract was signed by the selling utility and that available excess capacity was reasonably expected to exist during the entire term of the contract.

(3) An analysis comparing the forecasted revenues expected to be earned as a result of the sale with the forecasted incremental costs to the public utility supplying the sale. This analysis shall be presented for each annual period covered by the sale. The analysis must include supporting calculation for both the forecasted revenues and the forecasted incremental costs, and explanations of any underlying assumptions made for the analysis.

History

Cr. Register, March, 2000, No. 531, eff. 4-1-00.

Wis. Admin. Code § PSC 117.05 Revenues and costs allocations {#sec-psc-117.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 117.05}

(1) In each rate proceeding involving the public utility that requests opportunity sales treatment, under s. PSC 117.05 (2), for a sale to a non-native customer, the commission shall determine whether the sale qualifies as an opportunity sale.

(2) For every sale that qualifies as an opportunity sale, the commission shall reflect the greater of revenues received from the sale or the incremental costs associated with the sale as a revenue credit in the jurisdictional cost-of-service study when determining the public utility’s Wisconsin retail revenue requirement. Opportunity sales revenue credits shall also be taken into account under the provisions of the fuel rules.

(3) For every sale that qualifies as a fully-allocated sale, the commission shall assign to the sale a proportionate share of the public utility’s total revenue requirements in the jurisdictional cost-of-service study when determining the public utility’s Wisconsin retail revenue requirement.

Note: The Wisconsin retail revenue requirement of a public utility is the level of forecasted revenues that are necessary for the public utility to recover, from its retail customers in Wisconsin, its just and reasonable costs of providing adequate service and facilities to those customers, as determined by the commission.

History

Cr. Register, March, 2000, No. 531, eff. 4-1-00.

Chapter PSC 118 RENEWABLE RESOURCE CREDIT TRACKING PROGRAM

Wis. Admin. Code § PSC 118.01 Scope {#sec-psc-118.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.01}

(1) This chapter applies to each Wisconsin electric provider that is subject to s. 196.378 (2) (a), Stats., and to any member or customer of an electric provider.

(2) The commission may consider exceptional or unusual situations and may, by order, apply different requirements to an individual facility than those provided in this chapter.

(3) This chapter should be construed liberally in favor of the creation of RRCs.

History

CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-00; CR 06-112: am. Register May 2007 No. 617, eff. 6-1-07; CR 10-147: renum. 118.01 to be 118.01 (1) and am., cr. (2) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (1), cr. (3) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § PSC 118.02 Definitions {#sec-psc-118.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.02}

The definitions specified in s. 196.378, Stats., apply to this chapter. In addition, in this chapter:

(1e) “Biogas” means a gas created by the anaerobic digestion or fermentation of biomass, food processing waste or discarded food.

(1m) “Certified displacement facility” means a displacement facility that the commission certifies under s. PSC 118.055.

(1s) “Certified renewable facility” means an electric generating facility that the commission certifies under s. PSC 118.05.

(2) “Compliance period” means a calendar year, beginning January 1, during which an electric provider is required to achieve a renewable energy percentage under s. 196.378 (2) (a), Stats.

(3) “Commission” means the public service commission.

(3m) “Densified fuel pellets” means pellets made from waste material that does not include garbage, as defined in s. 289.01 (9), Stats., and that contains no more than 30 percent fixed carbon.

(4) “Designated representative” means the person authorized by the electric provider to register a renewable facility or non-electric facility with the program administrator, or to purchase or sell renewable energy certificates or RRCs.

(5) “Displaced conventional electricity” means electricity derived from conventional resources that an electric provider, or a customer or member of the electric provider, would have used except that the person used instead a certified displacement facility.

(5g) “Displacement facility” means any of the following when used by an electric provider, or by a customer or member of the electric provider:

(a) A solar water heater.

(b) A solar light pipe.

(d) An installation generating thermal output from biomass, biogas, synthetic gas, densified fuel pellets, or fuel produced by pyrolysis.

(dm) An installation that recovers heat that is a byproduct of a manufacturing process.

(e) Any other installation under s. 196.378 (3) (a) 1m., Stats., identified by the commission that meets the criteria specified in this chapter.

(5m) “Division administrator” means the administrator of the commission’s division responsible for energy regulation.

(6) “MWh” means megawatt-hour of electricity.

(6r) “Plasma gasification” means the process of using an electric arc gasifier at a high temperature to break down waste material into gases and solids.

(7) “Program administrator” means the person who carries out the administrative responsibilities related to the renewable energy tracking system.

(7g) “Pyrolysis” means an industrial process that heats organic or waste material under pressure in an oxygen-starved environment to break the material down into gases, liquid and solid residues.

(7r) “Renewable energy certificate” means an electronic certificate representing one MWh of total renewable energy from a certified renewable facility that meets all of the following requirements:

(a) The MWh is physically metered with the net generation measured at the certified renewable facility’s bus bar.

(b) The MWh represents renewable energy that is delivered to a retail customer with the retail sale measured at the customer’s meter, ignoring the transmission and distribution losses between the bus bar and the customer’s meter.

(d) The facility meets the applicable requirements of ss. PSC 118.03 and 118.04.

(8) “RRC” means a renewable resource credit.

(9) “Renewable energy tracking system” means a program that tracks the selling, transferring, purchasing, and retiring of renewable energy certificates and RRCs under s. 196.378 (3) (a), Stats., and meets the criteria in s. PSC 118.06.

(10) “Renewable resource credit” means either of the following:

(a) One renewable energy certificate that exceeds an electric provider’s minimum percentage requirement specified in s. 196.378 (2) (a), Stats., and meets the applicable requirements of ss. PSC 118.03 and 118.04.

(b) An electronic certificate representing one MWh of displaced conventional electricity, as calculated under s. PSC 118.09.

(11) “Retail customer” means a customer that receives retail electricity in Wisconsin.

(14) “Solar light pipe” means a device that concentrates and transmits sunlight through a roof to an interior space, employing highly-reflective material inside the device to focus and direct the maximum available sunlight to the interior space.

(15) “Solar water heater” means a device that concentrates and collects solar radiation to heat water for domestic use, pool heating, space heating, or ventilation air heating.

(16) “Synthetic gas” means gas created by plasma gasification or pyrolysis.

(17) “Tracking system account” means the account that the program administrator maintains in order to track the creation, sale, transfer, purchase, and retirement of a renewable energy certificate or an RRC by a renewable energy tracking system participant.

History

CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: r. (5) and (9), am. (7), (10) and (11), r. and recr. (13) Register May 2007 No. 617, eff. 6-1-07; CR 10-147: renum. (1) to be (1s) and am., cr. (1e), (1m), am. (2), cr. (3m), am. (4), cr. (5), (5m), am. (6), cr. (6g), (6r), am. (7), cr. (7g), (7r), (9), renum. (10) to be (10) (intro.) and am., cr. (10) (a), (b), renum. (12) to be (17) and am., r. (13), cr. (14) to (16) Register March 2012 No. 675, eff. 4-1-12; republished to insert text inadvertently excluded from (4) Register January 2014 No. 697; CR 13-040: am. (1m), (5), renum. (6g) (intro.) to (5g) (intro.) and am., renum. (6g) (a) to (e) to (5g) (a) to (e) Register April 2014 No. 700, eff. 5-1-14; correction in (17) made under s. 35.17, Stats., Register April 2014 No. 700; CR 14-053: am. (17) Register April 2015 No. 712, eff. 5-1-15; CR 20-083: cr. (5g) (dm) Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § PSC 118.025 Renewable resource designation {#sec-psc-118.025 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.025}

Biogas is a renewable resource under s. 196.378 (1) (h) 2., Stats.

History

CR 10-147: cr. Register March 2012 No. 675, eff. 4-1-12.

Wis. Admin. Code § PSC 118.03 Facilities eligible for the minimum percentage requirement and for creating renewable resource credits {#sec-psc-118.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.03}

(1) An electric provider may use the output of a renewable facility to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or to create an RRC for renewable energy only if the renewable facility that is the source of the electric provider’s renewable energy meets all of the following requirements:

(a) The energy output of the renewable facility is physically metered and the accuracy of the metering is subject to verification by the program administrator or the commission.

(b) The renewable facility registers with, and is certified by, the commission under s. PSC 118.05.

(c) The renewable facility is owned or operated by the electric provider, which sells the renewable energy to its retail customers or members, or the renewable facility supplies or allocates its energy under an executed wholesale purchase contract to the electric provider, which sells the renewable energy to its retail customers or members.

(2) An electric provider or customer or member of an electric provider may create an RRC for conventional electricity displaced by the use of a displacement facility only if the displacement facility meets all of the following requirements:

(a) Is registered with, and is certified by, the commission under s. PSC 118.055.

(c) Will replace or reduce the use of an electric device or electric service used for the same purpose at the same location as the displacement facility.

(d) Satisfies any other condition established by the commission consistent with s. 196.378 (3) (a) 1m., Stats.

(3)

(a) An electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats.

(b) An electric provider or customer or member of an electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to create RRCs.

(3m) An electric provider or customer or member of an electric provider may use biogas or synthetic gas it creates under sub. (1) or (2), or may use biogas or synthetic gas provided by another entity under sub. (4).

(4)

(a) An electric provider may under par. (b) or a customer or member of an electric provider may under par. (c) use the production of a facility that has contracted with a producer of biogas or synthetic gas for ownership of the gas and that has sufficient contracts to deliver the gas to the facility, according to the resulting number of MWh that the facility generates or the amount of conventional electricity that the facility displaces.

(b) An electric provider may use the production of a facility that satisfies par. (a) to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or to create an RRC if the electric provider demonstrates all of the following:

The gas producer meters the amount of gas delivered, using metering devices that comply with ss. PSC 134.27 and 134.28.
The gas producer measures the heat content of the gas at least monthly.
The facility complies with sub. (1) or (2).

(c) A customer or member of an electric provider may use the production of a facility that satisfies par. (a) to create a RRC if the electric provider demonstrates all of the following:

The gas producer meters the amount of gas delivered, using metering devices that comply with ss. PSC 134.27 and 134.28.
The gas producer measures the heat content of the gas at least monthly.
The facility complies with sub. (1) or (2).

(5) A customer or member of an electric provider may create an RRC in the manner described in sub. (4).

History

CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: r. (2) and (3) (a), am. (3) (b) Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. (title), (1) (intro.), (a), cons. and renum. (1) (c) 1. and 2. to be (1) (c) and am., cr. (2), renum. (3) (b) to be (3) and am., cr. (4) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (2) (intro.), (c), renum. (3) to (3) (a) and am., cr. (3) (b), (3m), am. (4) (a), cr. (4) (c), (5) Register April 2014 No. 700, eff. 5-1-14; corrections in (1) (intro.), (4) (b) (intro.) made under s. 35.17, Stats., Register April 2014 No. 700; CR 14-053: am. (1) (intro.), (2) (intro.), r. (2) (b), am. (4) (b) (intro.), (5) Register April 2015 No. 712, eff. 5-1-15.

Wis. Admin. Code § PSC 118.04 Creation and transfer of renewable energy certificates and renewable resource credits {#sec-psc-118.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.04}

(1) A renewable energy certificate or an RRC is used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., in the compliance period for which the electric provider retires the renewable energy certificate or RRC, regardless of the date on which the renewable energy certificate or RRC is retired in the renewable energy tracking system.

EXAMPLE: A RRC created for renewable energy generated in 2011 may be used to satisfy an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., in compliance years 2011 through 2015. A RRC created in 2011 may be used for compliance year 2015 even if the RRC is not retired until 2016.

(1m) For purposes of determining how long a renewable energy certificate or a RRC is eligible to be used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats.:

(a) A renewable energy certificate is created when the renewable facility generates the renewable energy.

(b) A RRC for renewable energy is created when the renewable facility generates the renewable energy.

(c) A RRC for displaced conventional electricity is created in the year in which the use of the certified displacement facility displaces conventional electricity.

(2)

(e) Renewable energy or displaced conventional electricity that would meet the definition of a RRC under s. PSC 118.02 (10), except that it consists of less than one MWh, shall constitute a fraction of a RRC. A fractional RRC may not be smaller than 0.01 MWh.

(f) Two or more electric providers may jointly purchase or sell a renewable energy certificate or a RRC.

(fm) Two or more customers or members of an electric provider may jointly purchase or sell a RRC.

(g)

A RRC created before January 1, 2004, may be sold or used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may not be used after December 31, 2011, as provided in s. 196.378 (3) (c), Stats.
Renewable energy generated on or after January 1, 2004, but produced by a renewable facility that was placed into service before January 1, 2004, may only be used to create a RRC if the renewable energy constituted an incremental increase in output from the renewable facility due to capacity improvements that were made on or after January 1, 2004, as provided in s. 196.378 (3) (a) 2., Stats. The RRCs described in this subdivision may not be used to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., after the fourth year after the year in which the credit is created, as provided in s. 196.378 (3) (c), Stats. If the renewable facility was originally placed in service before January 1, 2004, but is entirely replaced with a new and more efficient facility, all of the output from the new facility constitutes an incremental increase and may be used to create RRCs.
A RRC created on or after January 1, 2004, that is produced by a renewable facility placed into service on or after January 1, 2004, may be sold or used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may not be used to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., after the fourth year after the year in which the credit is created, as provided in s. 196.378 (3) (c), Stats.
A RRC created for displaced conventional electricity may be sold or used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may not be used to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., after the fourth year after the year in which the credit is created, as provided in s. 196.378 (3) (c), Stats.
A renewable energy certificate that is not a RRC may not be used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., for a compliance period after the year in which the renewable energy certificate was created.

(3) When a renewable energy certificate or a RRC is credited to an electric provider’s account or the account of a customer or member of an electric provider, the account owner may sell or transfer the renewable energy certificate or RRC to another electric provider or customer or member of an electric provider. Any person selling or transferring a renewable energy certificate or a RRC shall report the sale or transfer to the program administrator within 10 days of the transaction. The program administrator shall then credit the renewable energy tracking system account of the new owner and debit the renewable energy tracking system account of the prior owner. A renewable energy certificate or a RRC may continue to be sold or traded only if each seller or transferor reports the transaction to the program administrator within 10 days of its consummation.

(4) An electric provider shall annually retire renewable energy certificates and RRCs in the renewable energy tracking system to demonstrate compliance with its minimum percentage requirement under s. 196.378 (2) (a), Stats. When an electric provider uses a RRC to comply with the minimum percentage requirements of s. 196.378 (2) (a), Stats., the electric provider shall retire the RRC. When an electric provider uses a MWh of total renewable energy to comply with the minimum percentage requirements of s. 196.378 (2) (a), Stats., the electric provider shall retire the renewable energy certificate representing the MWh of total renewable energy.

(5) Subject to commission approval, if applicable, the program administrator may establish any procedure necessary to accurately record the creation, sale, transfer, purchase, and retirement of renewable energy certificates and RRCs.

History

CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: r. (1) and (2) (a) to (d), cr. (2) (g), am. (3) Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. (title), cr. (1), (1m), am. (2) (e), (f), (g) 2., 3., cr. (2) (g) 4., 5., am. (3) to (5) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (1m) (c), cr. (2) (fm), am. (3), (4), (5) Register April 2014 No. 700, eff. 5-1-14; corrections in (1m) (intro.), (b), (2) (e), (f), (g), (3) made under s. 35.17, Stats., Register April 2014 No. 700; CR 14-053: am. (1) Register April 2015 No. 712, eff. 5-1-15.

Wis. Admin. Code § PSC 118.05 Certification of renewable facilities {#sec-psc-118.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.05}

(1)

(a) Except as provided in s. PSC 118.055, an electric provider may only use the energy of a certified renewable facility to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or for creation of a RRC. The commission shall certify renewable facilities or delegate this responsibility to the program administrator. Any electric provider or owner of a renewable facility adversely affected by the decision to certify or not certify may file a complaint with the commission. The complaint shall be in writing and filed with the commission within 10 working days after service of the decision. The division administrator may settle and resolve a complaint brought under this paragraph. If the complaint cannot be resolved by mutual agreement, the division administrator shall issue a written decision. Any person adversely affected by the division administrator’s written decision may, within 20 working days after its issuance, appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

(b) The program administrator may not issue a renewable energy certificate or a RRC under s. PSC 118.03 (1) for generation occurring before the date that a renewable facility is certified, except as specified under par. (c) or (d).

(c) For a renewable facility that receives certification from the commission, an electric provider may meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or create a RRC with energy from the renewable facility that was generated up to 60 days before the date the electric provider delivered its request for certification of the renewable facility, except as otherwise provided under par. (d).

(d) For energy generated by a renewable resource specified in ss. 196.378 (1) (h) 1. h. to j., Stats., the commission may permit an electric provider to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or create a RRC with energy that was generated from a certified renewable facility on or after June 3, 2010 but before the date the electric provider delivered its request for certification. The commission may not permit creation of a RRC for energy that was generated by a renewable resource specified in ss. 196.378 (1) (h) 1. h. to j., Stats., before June 3, 2010.

(2) To obtain certification, the electric provider generating or purchasing energy from a renewable facility, or a designated representative, shall provide the following information in a format approved by the commission:

(a) The renewable facility’s location, owner, technology, date placed in service, and rated capacity.

(b) Information that demonstrates the renewable facility meets the resource eligibility criteria under s. PSC 118.03.

(3) The commission or the program administrator shall inform the electric provider, or its designated representative, whether it has certified a renewable facility for which it has received an application under sub. (2).

(5) The commission may make on-site visits to any certified unit of a renewable facility to determine its compliance with this chapter and with s. 196.378, Stats., and may decertify any unit that it finds not to be in compliance.

History

CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: am. (1), (2) (intro.) and (3), r. (4), renum. (6) to be PSC 118.06 (5) and am., Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. (1) (a), (b), cr. (1) (c), (d) Register March 2012 No. 675, eff. 4-1-12; corrections in (1) made under s. 35.17, Stats., Register April 2014 No. 700.

Wis. Admin. Code § PSC 118.055 Certification of displacement facilities {#sec-psc-118.055 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.055}

(1)

(a) An electric provider or customer or member of an electric provider may create a RRC under s. PSC 118.03 (2) based on the use of a certified displacement facility by the electric provider, or by a customer or member of the electric provider, to the extent that the use displaces conventional electricity. The commission shall certify displacement facilities or delegate this responsibility to the program administrator. Any electric provider, customer or member of an electric provider, or owner of a displacement facility adversely affected by the decision to certify or not certify may file a complaint with the commission. The complaint shall be in writing and filed with the commission within 10 working days after service of the decision. The division administrator may settle and resolve a complaint brought under this paragraph. If the complaint cannot be resolved by mutual agreement, the division administrator shall issue a written decision. Any person adversely affected by the division administrator’s written decision may, within 20 working days after its issuance, appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

(b) The commission may permit an electric provider or customer or member of an electric provider to create a RRC for conventional electricity displaced by use of a displacement facility before the date the facility is certified, except that the commission may not permit creation of a RRC for displacement that occurred before June 3, 2010.

(2) To obtain certification of a displacement facility, the electric provider, customer or member of an electric provider, or a designated representative, shall provide the following information to the commission in a format approved by the commission:

(a) The displacement facility’s location, owner, technology, and date placed in service.

(b) Information that demonstrates the displacement facility meets the eligibility criteria under s. PSC 118.03.

(c) The estimated annual amount of displaced conventional electricity and information supporting this estimate using methods approved by the commission.

(d) Any other information the commission determines to be necessary.

(e) The electric provider’s, customer’s, or member’s affirmation that it has verified all of the information in pars. (a) to (d).

(f) If the applicant does not own the displacement facility, a statement signed by the facility owner that affirms the information in pars. (a) to (d) and permits the electric provider, customer, or member to create RRCs from the facility.

(3) The commission or the program administrator shall inform the electric provider, customer or member, or its designated representative, whether it has certified a displacement facility for which it has received an application under sub. (2).

(4) The commission may make on-site visits to any certified unit of a displacement facility to determine its compliance with this chapter and with s. 196.378, Stats., may request copies of all supporting documentation used to comply with this section, and may decertify any unit that it finds not to be in compliance.

(5) Nothing in this chapter obligates the owner of a displacement facility to permit the electric provider to create RRCs from the facility.

History

CR 10-147: cr. Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (title), (1), (2) (intro.) to (b), (e), (f), (3) to (5) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § PSC 118.06 Renewable energy tracking system program administrator {#sec-psc-118.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.06}

(1) The commission shall do any of the following:

(a) Using a competitive process, contract with a program administrator who shall operate either a statewide or a regional renewable energy tracking system.

(b) Participate in a regional organization that contracts with a program administrator who shall operate a statewide or regional renewable energy tracking system.

(2) The program administrator shall:

(a) Create an account for each electric provider.

(b) Create an account for each certified renewable facility or certified displacement facility that participates in the tracking system and requests a separate account.

(c) Upon request, register each renewable facility the commission has certified, including the following data about the facility:

Its tracking system account number.
Its location, owner, technology, date placed in service, and rated capacity.
Its expected annual energy production.
Information about the facility’s meter that allows the program administrator to verify its accuracy.
Any additional data the commission deems necessary for proper operation of the tracking system.

(cm) Upon request by the commission, register each displacement facility the commission has certified, including the following data about the facility:

Its tracking system account number.
Its location, owner, technology, and date placed in service.
Its estimated annual amount of displaced conventional electricity.
Any additional data the commission considers necessary for proper operation of the tracking system.

(d) Establish and maintain a system for tracking renewable energy certificates and RRCs that does all of the following:

Issues a unique electronic certificate for each MWh of renewable energy measured at the bus bar of a certified renewable facility that is located in the area covered by the tracking system, that is owned by a participating electric provider, or that is under contract to deliver electric energy to a participating electric provider. The certificate shall identify which certified renewable facility produced the MWh, when it was produced, and any other characteristics the commission finds necessary.

1m. Issues a unique electronic certificate for each MWh of conventional electricity displaced by a certified displacement facility that complies with ss. PSC 118.03 and 118.04, as calculated under s. PSC 118.09. The certificate shall identify which displacement facility displaced the MWh, when the facility operated, and any other characteristics the commission finds necessary.

Records renewable energy certificate and RRC ownership and each transfer between account holders.
Retires each renewable energy certificate and RRC that meets any of the following circumstances:

a. An electric provider uses the renewable energy certificate or RRC to meet all or part of its minimum percentage requirement under s. 196.378 (2) (a), Stats.

b. An electric provider chooses to retire the renewable energy certificate or RRC for any other reason.

(e) Audit registered renewable facilities, as needed, to verify the accuracy of metered production data.

(em) Audit registered displacement facilities, as needed, to verify the amount of displaced conventional electricity.

(f) Track and report each electric provider’s compliance with the minimum percentage requirement under s. 196.378 (2) (a), Stats.

(g) Perform any other function the commission may designate.

(3) The program administrator may create an exchange procedure for purchasing and selling renewable energy certificates and RRCs.

(4)

(a) Annually, the program administrator shall report to the commission the costs incurred in operating the renewable energy tracking system and recommend an assessment of these costs to electric providers and other tracking system participants that hold tracking system accounts.

(b) The commission shall review the cost allocation that the program administrator proposes under par. (a) and approve or modify this allocation. The commission shall assess these costs to each electric provider, pursuant to s. 196.85 (1) and (1m) (a), Stats.

(5) An electric provider may not use renewable energy from a decertified renewable facility to meet the electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., that was produced after the facility is decertified. The program administrator may not issue RRCs for energy from a decertified renewable facility that was produced after the facility is decertified. The program administrator may not issue RRCs for conventional electricity displaced by the operation of a decertified displacement facility which displacement occurred after the facility is decertified.

History

CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: (5) renum. from PSC 118.05 (6) and am., am. (1) and (4) (a), r. and recr. (2), Register May 2007 No. 617, eff. 6-1-07; CR 10-47: am. (title), renum. (1) to be (1) (intro.) and am., cr. (1) (a), (b), am. (2) (b), (c) (intro.), 5., cr. (2) (cm), am. (2) (d) (intro.), cr. (2) (d) 1m., am. (2) (d) 2. 3., a., r. and recr. (2) (d) 3. b., r. (2) (d) 3. c., cr. (2) (em), am. (3), (4) (a), (5) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (2) (b), (c) 1., (cm) (intro.), 1., (d) 1m., (em), (5) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § PSC 118.07 Aggregation and allocation by wholesale suppliers {#sec-psc-118.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.07}

If a wholesale supplier aggregates and allocates renewable energy, renewable energy certificates or RRCs among its members or customers, it shall do so in a manner approved by the affected members or customers.

History

CR 06-112: cr. Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. Register March 2012 No. 675, eff. 4-1-12.

Wis. Admin. Code § PSC 118.08 Double-counting prohibited {#sec-psc-118.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.08}

(1) An electric provider that sells or conveys a MWh of renewable energy, a renewable energy certificate or a RRC at wholesale may not use that MWh, renewable energy certificate or RRC to meet its minimum percentage requirement under s. 196.378 (2) (a), Stats.

(2) If an electric provider sells or conveys a MWh of renewable energy, a renewable energy certificate or a RRC at retail to a customer or member that retains independent control over the disposition or retirement of the renewable energy certificate, RRC or other renewable attributes representing that MWh of renewable energy, the electric provider may not use that MWh, renewable energy certificate, or RRC to meet its minimum percentage requirements under s. 196.378 (2) (a), Stats.

(3) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on the use of a facility for which RRCs are created under s. 196.378 (3) (a) 1., Stats.

(4) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on hydroelectric energy for which an electric provider is permitted to use the average amount of hydroelectric power generated by the facility under s. 196.378 (2) (b) 1m. a., Stats.

History

CR 06-112: cr. Register May 2007 No. 617, eff. 6-1-07; CR 10-147: renum. 118.08 to be 118.08 (1) and am., cr. (2) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: cr. (3), (4) Register April 2014 No. 700, eff. 5-1-14; corrections in (1), (2) made under s. 35.17, Stats., Register April 2014 No. 700.

Wis. Admin. Code § PSC 118.09 Calculation of displaced conventional electricity {#sec-psc-118.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 118.09}

(1) For purposes of this section:

(a) “Total statewide renewable energy percentage” means the percentage that results from the equation of subd. 1. divided by subd. 2. as shown below:

The actual renewable energy sold to Wisconsin retail customers within a given year using information submitted to the commission by electric providers in their most recent renewable portfolio standard compliance reports under s. 196.378 (2) (c), Stats., including actual renewable energy used to serve all of the following programs:

a. Wisconsin electric provider renewable portfolio standard programs.

b. Any other federal or state renewable energy programs that apply to Wisconsin electric providers.

c. Wisconsin electric provider voluntary renewable energy programs.

The total sales of electricity to Wisconsin retail customers in that same year using information submitted to the commission by electric providers in their most recent renewable portfolio standard compliance reports under s. 196.378 (2) (c), Stats.

(b) “Total statewide conventional energy percentage” means the percentage that results from the equation of 100% minus the total statewide renewable energy percentage.

(1m) For each calendar year, the commission shall determine the total statewide conventional energy percentage for purposes of calculating the amount of RRCs per MWh to be created for displaced conventional electricity. The commission shall make this determination the calendar year before the calendar year in which the percentage will be used. The commission may, by order, also establish a different percentage for a specific type of displacement facility if its seasonal or daily operating characteristics justify a percentage that differs from the annual average percentage.

Note: For example, the commission will determine the 2016 total statewide renewable energy percentage in 2015 using information taken from electric provider reports, filed with the commission by April 15, 2015, that reflect renewable energy sold to Wisconsin retail customers in the calendar year of 2014.

(2) The commission may, by order, establish a displacement formula for any type of displacement facility. The commission shall base any such formula on a calculation of the minimum amount of displaced electricity that would be expected in a typical calendar year under realistic operating conditions. The commission shall provide an opportunity for public comment on any such formula before the formula is established.

(3) For each calendar year, the electric provider, customer, or member seeking to create RRCs from a certified displacement facility shall determine the net amount of electricity displaced by the displacement facility, using site-specific information and either the applicable formula established under sub. (2) or by subtracting the amount of electricity used by the displacement facility from the amount of electricity that would have been used for the same purposes by the electric device or electric service that was replaced by the displacement facility or that was used less due to the use of the displacement facility.

(4) If the value under sub. (3) is less than zero, the electric provider, customer, or member may not create any RRCs for the displacement facility for that calendar year.

(5) The amount of conventional electricity displaced by a displacement facility in a calendar year is equal to the net amount of displaced electricity determined under sub. (3), multiplied by the applicable total statewide conventional energy percentage as determined under sub. (1m).

(6) The electric provider, customer, or member creating RRCs from a displacement facility shall maintain at least three years of historical documentation of all information used in the determination made under sub. (3).

(7) For each displacement facility for which an electric provider, customer, or member is creating RRCs, the electric provider, customer, or member shall submit information to the commission to support its determination under sub. (3) at least annually. The commission may specify the timing and method for submitting information under this subsection. Determinations under sub. (3) are subject to the commission’s review and verification.

History

CR 10-147: cr. Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (1) to (7) Register April 2014 No. 700, eff. 5-1-14; CR 14-053: renum. (1) to (1m) and am., cr. (1), am. (5) Register April 2015 No. 712, eff. 5-1-15; correction in (1) (b) (intro.) made under s. 35.17, Stats., Register April 2015 No. 712.

Chapter PSC 119 RULES FOR INTERCONNECTING DISTRIBUTED GENERATION FACILITIES

Subchapter I General

Wis. Admin. Code § PSC 119.01 Scope {#sec-psc-119.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.01}

This chapter implements s. 196.496, Stats. It applies to all DG facilities with a capacity of 15 MW or less that are interconnected, or whose owner seeks to have interconnected, to an electric public utility’s distribution system. It also applies to all electric public utilities to whose distribution systems a DG facility is interconnected, or to which interconnection is sought. These rules establish uniform statewide standards for the interconnection of DG facilities to an electric distribution system.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PSC 119.02 Definitions {#sec-psc-119.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.02}

In this chapter:

(1) “ANSI” means American National Standards Institute.

(2) “Applicant” means the legally responsible person applying to a public utility to interconnect a DG facility to the public utility’s distribution system.

(3) “Application review” means a review by the public utility of the completed standard application form for interconnection, to determine if an engineering review or distribution system study is needed.

(4) “Category 1” means a DG facility with an export capacity of 20 kW or less. A DG facility comprised of a resource no larger than 20 kW with a non-exporting energy storage system no larger than 20 kW shall be considered a Category 1 system.

(5) “Category 2” means a DG facility with an export capacity of greater than 20 kW and not more than 200 kW. The nameplate rating shall be used instead of the export capacity for this definition if the non-exporting energy storage system is larger than 20 kW.

(6) “Category 3” means a DG facility with an export capacity of greater than 200 kW and not more than 1 MW. The nameplate rating shall be used instead of the export capacity for this definition if the non-exporting energy storage system is larger than 200 kW.

(7) “Category 4” means a DG facility with an export capacity of greater than 1 MW and not more than 15 MW.

(8) “Certified equipment” means a generating, control or protective system that has been certified by a nationally recognized testing laboratory as meeting acceptable safety and reliability standards.

(9) “Commission” means the public service commission of Wisconsin.

(10) “Commissioning test” means the process of documenting and verifying the performance of a DG facility so that it operates in conformity with the design specifications.

(11) “Customer” means any person who is receiving electric service from a public utility’s distribution system.

(12) “DG” means distributed generation.

(13) “DG facility” has the meaning given in s. 196.496 (1), Stats.

(14) “Distribution feeder” means an electric line from a public utility substation or other supply point to customers that is operated at 50 kV or less, or as determined by the commission.

(15) “Distribution system” means all electrical wires, equipment, and other facilities owned or provided by a public utility that are normally operated at 50 kV or less.

(16) “Distribution system study” means a study to determine if a distribution system upgrade is needed to accommodate the proposed DG facility and to determine the cost of any such upgrade.

(16d) “Energy storage system” means a device or devices that capture energy produced at one time, store that energy for a period of time, and deliver that energy as electricity for use at a future time.

(16h) “Energy storage system max continuous output kW in alternating current” means the maximum rated continuous power output of the energy storage system.

Note: This defined term should be used when completing the standard application form, PSC Form 6031.

(16p) “Energy storage system max usable energy kWh in alternating current” means the maximum rated amount of energy stored in the energy storage system.

Note: This defined term should be used when completing the standard application form, PSC Form 6031.

(16t) “Energy storage system peak output kW in alternating current” means while grid interactive, the maximum short duration rated output power of the energy storage system to the distribution system.

Note: This defined term should be used when completing the standard application form, PSC Form 6031.

(17) “Engineering review” means a study that may be undertaken by a public utility, in response to its receipt of a completed standard application form for interconnection, to determine the suitability of the installation.

(17m) “Export capacity kW in alternating current” means the amount of power that can be transferred from the DG facility to the distribution system. Export capacity is the lesser of the following:

(a) The nameplate rating.

(b) If limited using any approved means, that limited amount.

(18) “Fault” means an equipment failure, conductor failure, short circuit, or other condition resulting from abnormally high amounts of current from the power source.

(19) “IEEE” means Institute of Electrical and Electronics Engineers.

(20) “Interconnection” means the physical connection of a DG facility to the distribution system so that parallel operation can occur.

(21) “Interconnection disconnect switch” means a mechanical device used to disconnect a DG facility from a distribution system.

(22) “Inverter” means a machine, device, or system that converts direct current power to alternating current power.

(23) “Islanding” means a condition on the distribution system in which a DG facility delivers power to customers using a portion of the distribution system that is electrically isolated from the remainder of the distribution system.

(24) “kV” means kilovolt.

(25) “kW” means kilowatt. Unless otherwise specified, the definition references units in alternating current.

(26) “Material modification” means any modification that changes the maximum electrical output of a DG facility or changes the interconnection equipment, including:

(a) Changing from certified to non-certified devices.

(b) Replacing a component with a component of different functionality or UL listing.

(27) “MW” means megawatt. Unless otherwise specified, the definition references units in alternating current.

(27m) “Nameplate rating alternating current” means the sum total of maximum continuous rated power (kW) output while grid connected of all of a DG facility’s constituent generating units or energy storage systems, or both, as identified on the manufacturer nameplate, regardless of whether it is limited by any approved means.

(28) “Nationally recognized testing laboratory” means any testing laboratory recognized by the U.S. Department of Labor Occupational Safety and Health Administration’s accreditation program.

Note: A list of nationally recognized testing laboratories is available at www.osha.gov/dts/otpca/nrtl/index.html.

(29) “Network service” means 2 or more primary distribution feeders electrically connected on the low voltage side of 2 or more transformers, to form a single power source for any customer.

(30) “Parallel operation” means the operation, for longer than 100 milliseconds, of an on-site DG facility while the facility is connected to the energized distribution system.

(31) “Paralleling equipment” means the generating and protective equipment system that interfaces and synchronizes a DG facility with the distribution system.

(32) “Point of common coupling” means the point where the electrical power system of the applicant seeking to interconnect a DG facility is electrically connected to the distribution system. The point of common coupling is equivalent, in most cases, to the service point as specified by the public utility and described in the National Electric Code and National Electrical Safety Code.

Note: National electric codes are adopted in Wisconsin Electrical Safety Code Volumes 1 and 2, as found in ch. PSC 114 and ch. SPS 316.

(32m) “Power factor” means the ratio of active power to apparent power.

(33) “Public utility” has the meaning given in s. 196.01 (5), Stats.

(34) “Standard application form” means PSC Form 6031. The standard application form has supplements designed to collect information specific to different installations and technologies.

(35) “Standard interconnection agreement” means PSC Form 6029 for Category 1 facilities or PSC Form 6030 for Category 2 to 4 DG facilities.

Note: A copy of PSC Forms 6029 to 6033 can be obtained can be obtained at no charge from the local electric utility or from the Public Service Commission, PO Box 7854, Madison, WI 53707-7854.

(35g) “Standard pre-application request form” means PSC Form 6032.

(35r) “Standard pre-application report” means the information provided on PSC form 6033 in response to completed requests submitted through PSC Form 6032.

(36) “Telemetry” means transmission of DG operating data and settings using telecommunications techniques. It may also include controls and two-way communication.

(37) “UL” means Underwriters Laboratory.

(38) “Working day” has the meaning given in s. 227.01 (14), Stats.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (4) to (7), cr. (16d) to (16t), (17m), am. (25), (27), cr. (27m), am. (32), cr. (32m), am. (34), cr. (35g), (35r), am. (36) Register April 2024 No. 820, eff. 5-1-24; correction in numbering of (17m) (a), (b) made under s. 13.92 (4) (b) 1., Stats., Register April 2024 No. 820.

Wis. Admin. Code § PSC 119.025 Adoption of standards by reference {#sec-psc-119.025 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.025}

(1) Adoption of standards. The standards, IEEE Std 1547-2018: IEEE Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces, published April 6, 2018, and IEEE Std 1547.1-2020: IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Energy Resources with Electric Power Systems and Associated Interfaces, are hereby incorporated by reference into this chapter.

(2) Consent to incorporate by reference. Pursuant to s. 227.21, Stats., the attorney general has consented to incorporate by references these standards contained in Std 1547-2018 and IEEE Std 1547.1-2020. Copies of IEEE Std 1547-2018 and IEEE Std 1547.1-2020 are on file in the offices of commission and the legislative reference bureau.

History

CR 22-077: cr. Register April 2024 No. 820, eff. 5-1-24; correction in (1) made under s. 35.17, Stats., Register April 2024 No. 820.

Subchapter II General Requirements

Wis. Admin. Code § PSC 119.03 Designated point of contact {#sec-psc-119.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.03}

Each public utility shall designate one point of contact for all customer inquiries related to DG facilities and from which interested parties can obtain installation guidelines and the appropriate standard commission application and interconnection agreement forms. Each public utility shall have current information concerning its DG point of contact on file with the commission.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PSC 119.04 Application process for interconnecting DG facilities {#sec-psc-119.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.04}

Public utilities and applicants shall complete the following steps regarding interconnection applications for all classes of DG facilities, in the order listed:

(1) The public utility shall respond to each request for DG interconnection by furnishing, within 5 working days, its guidelines and the public utility’s electric service rules, representative or sample one-line schematic diagrams, and the appropriate standard application form. Public utilities shall also make these materials accessible on their website.

(2) The applicant shall complete and submit the standard application form to its public utility. An application shall not be considered submitted until the applicant submits a form and pays applicable application review fees under s. PSC 119.08 (1).

(2m) All submitted applications shall be reviewed for completeness in the order in which they fulfill the requirements of sub. (2), regardless of whether the project is from an outside applicant or the public utility.

(3) Within 10 working days of receiving a new or revised application and application fee, the public utility shall notify the applicant whether the application is complete.

(3g) All complete applications shall be processed in the order in which they are deemed complete, regardless of whether the project is from an outside applicant or the public utility. Reasonable exceptions may be made to account for the location of the proposed DG facility or other technical considerations, provided there is no material adverse impact on processing of other complete applications when an exception is made. Exceptions may also be made if an applicant exceeds any timing requirements identified in s. PSC 119.06. If the public utility misses any timing requirements in s. PSC 119.06, the order in which the application is processed shall not be affected.

(3r) Where multiple DG facilities are electrically interrelated, processing complete applications jointly may be appropriate to increase cost and time efficiencies. If the public utility and the applicant mutually agree, the application may be studied in a group with other applications.

(4) Public utilities and applicants shall complete the following steps for processing interconnection applications, in the order listed:

(a) Within 10 working days of determining that the application is complete, the public utility shall complete its application review and notify the applicant of its findings. If the public utility determines, on the basis of the application review, that an engineering review is needed, the notification shall state a nonbinding estimate of that review. If the application review shows that an engineering review is not needed, the applicant may install the DG facility and need not complete the steps described in pars. (b) through (g).

(b) The applicant shall provide written notification to proceed and full payment of the estimated cost of the engineering review within 15 working days of receiving the public utility’s notification under par. (a). At the request of the applicant, the utility may provide a 15 working day extension of the deadline to provide notification to proceed and full payment. If notification and payment have not been received by the utility within 30 working days after the deadline to accept, the interconnection application shall be deemed withdrawn.

(c) Upon receiving from the applicant written notification to proceed and full payment of the estimated cost of the engineering review, the public utility shall complete an engineering review and notify the applicant of the results within the following times:

Category 1 DG application, 10 working days.
Category 2 DG application, 15 working days.
Category 3 DG application, 20 working days.
Category 4 DG application, 40 working days.

(d) If the engineering review indicates that a distribution system study is necessary, the public utility shall include, in writing, a nonbinding cost estimate of the study in its engineering review. To proceed with a distribution system study, the applicant shall provide the utility with written notification of acceptance and full payment of the estimated study costs within 15 working days of receiving the engineering review. At the request of the applicant, the utility may provide a 15 working day extension of the deadline to provide notification to proceed and full payment. If notification and payment have not been received by the utility within 30 working days after the deadline to accept, the interconnection application shall be deemed withdrawn.

(e) Upon receiving written notification to proceed and payment of the applicable fee, the public utility shall conduct the distribution system study. The public utility shall within the following time periods complete the distribution system study and provide study results to the applicant unless any additional studies are required by the regional transmission operator, in which case the time periods may be extended:

Category 1 DG application, 10 working days.
Category 2 DG application, 15 working days.
Category 3 DG application, 20 working days.
Category 4 DG application, 60 working days.

(f) The public utility shall perform a distribution system study of the local distribution system and notify the applicant of findings along with an estimate of any distribution system construction or modification costs to be borne by the applicant.

(g) If the applicant agrees, in writing, to pay for any required distribution system construction and modifications, the public utility shall complete the distribution system upgrades and the applicant shall install the DG facility within a time frame that is mutually agreed upon. The applicant shall notify the public utility when project construction is complete.

(h) The applicant shall give the public utility the opportunity to witness or verify the system testing, as required in s. PSC 119.30 or 119.31, the utility’s service rules, and applicable codes and standards. Upon receiving notification that an installation is complete and is in compliance with all applicable codes and standards, including any necessary state and local government inspections, and all requirements set forth in this chapter, the public utility has 10 working days, for a Category 1 or 2 facility, or 20 working days, for a Category 3 or 4 facility, to complete the following:

Witness commissioning tests.
Perform an unintentional islanding test or verify the protective equipment settings at its expense.
Waive its right, in writing, to witness or verify the commissioning tests.

(i) The applicant shall provide the public utility with the results of any required tests within 5 working days of the completion of the test, for a Category 1 facility, or within 10 working days, for a Category 2 to 4 facility.

(j) The public utility shall, unless rights have been waived per par. (h) 3., review the results of the on-site test. Upon receipt of the test results, the public utility shall notify the applicant within 5 working days, for a Category 1 facility, or within 10 working days, for a Category 2 to 4 facility, of its approval or disapproval of the interconnection.

If approved, the public utility shall provide a written statement of final acceptance and reconciliation of costs from the engineering review, distribution system study, and any required distribution system upgrades or modifications. Public utilities shall refund to the applicant any fees paid in excess of costs incurred by the utility. Applicants shall pay any additional costs incurred by the utility in excess of previous payments. Any applicant for a DG system that passes the commissioning test may sign a standard interconnection agreement and interconnect.
If the public utility does not approve the interconnection, the applicant may take corrective action and request the public utility to reexamine its interconnection request. The applicant shall provide the utility with written notification that corrective action has been taken and request reexamination within 15 working days of receiving notification of disapproval. At the request of the applicant, the utility may provide a 15 working day extension of the deadline to provide notification to proceed and full payment. If a request for reexamination has not been received by the utility within 30 working days after the deadline to accept, the interconnection application shall be deemed withdrawn.

(k) A standard interconnection agreement shall be signed by the applicant and public utility before parallel operation commences, within 5 working days of the interconnection being deemed approved by the public utility, for a Category 1 facility, or within 10 working days for a Category 2 to 4 facility.

(5)

(a) All public utilities shall maintain a single application queue that shall identify the status of all applications submitted to the utility and shall be used to address applicant inquiries about application status.

(b) Public utilities who serve more than 100,000 customers shall make their application queue public. Public application queues shall be posted on the utility’s website and updated on at least a monthly basis. Certain applications may be removed or redacted when posting in the interest of national security.

(c) At a minimum, the information maintained in an application queue, including public application queues, shall include for all applications active on or submitted to the utility after May 1, 2024:

Application or queue numbers that enable applicants to identify their submissions.
Technology type(s).
Proposed DG facility nameplate capacity and, where applicable, export capacity, in kW or MW.
Category assignment.
Location by city, state, and county.
Substation and circuit on which the proposed installation would be located.
Current application status (active, withdrawn, approved, in service).
Date application deemed complete, if applicable.
Current status of the application’s progress through the application process steps outlined in this section.
Date of signed interconnection agreement, if applicable.

(6) Upon approval of an application under sub. (4) (a), (c), or (g), the public utility shall provide the applicant with an interconnection approval memorandum that confirms the utility’s application approval and identifies any applicable conditions of approval. For Category 2 to 4 facilities, the memorandum and associated attachments shall provide:

(a) The date of approval.

(b) Completed application materials.

(d) Distribution system study requirements, if applicable.

(e) Identification of the authorized tariff or program agreement applicable to the DG facility at the time the memorandum is issued.

(f) Expiration date of the memorandum if utility requirements are not met, including identification of options for deadline extensions.

(g) System specifications and specific requirements imposed by the utility as conditions of approval.

(h) Estimated distribution system construction or modification costs and scope, if applicable.

(i) Estimated completion date for the public utility to complete distribution system upgrades, if applicable.

(j) A copy of the standard interconnection agreement that would be executed by both parties upon completion of all requirements, including any anticipated distribution system upgrades.

(k) Acknowledgement that the public utility will interconnect the DG facility if all identified conditions are met.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (1), (2), cr. (2m), am. (3), cr. (3g), (3r), (4) (intro.), renum. (4) to (4) (a) and am., cr. (4) (b), renum. (5) to (4) (c) and am., renum. (5) (a) to (d) to be (4) (c) 1. to 4., renum. (6) to (4) (d) and am., renum. (7) (intro.) to (4) (e) (intro.) and am., renum. (7) (a) to (d) to be (4) (e) 1. to 4. and, as renumbered, am. 4., renum. (8) to (4) (f) and am., renum. (10) (a) to (4) (h) and, as renumbered, am. (intro.), 2., renum. (10) (b) to (4) (i) and am., renum. (11), (12) to (4) (j), (k), and am., cr. (5), (6) Register April 2024 No. 820, eff. 5-1-24; correction in (4) (e) (4) made under s. 35.17, Stats., Register April 2024 No. 820; correction in (4) (j) 2. made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § PSC 119.05 Insurance and indemnification {#sec-psc-119.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.05}

(1) An applicant seeking to interconnect a Category 1 DG facility to the distribution system of a public utility shall maintain liability insurance equal to or greater than the amounts stipulated in Table PSC 119.05-1, per occurrence, or prove financial responsibility by another means mutually agreeable to the applicant and the public utility.

(1m) An applicant seeking to interconnect a Category 2 to 4 DG facility to the distribution system of a public utility shall maintain liability insurance equal to or greater than the amounts stipulated in Table PSC 119.05-1, per occurrence, and shall name the public utility as an additional insured party in the liability insurance policy, or prove financial responsibility by another means mutually agreeable to the applicant and the public utility.

(2) Each party to the standard interconnection agreement shall indemnify, hold harmless and defend the other party, its officers, directors, employees and agents from and against any and all claims, suits, liabilities, damages, costs and expenses resulting from the installation, operation, modification, maintenance or removal of the DG facility. The liability of each party shall be limited to direct actual damages, and all other damages at law or in equity shall be waived.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (1), cr. (1m) Register April 2024 No. 820, eff. 4-1-24.

Wis. Admin. Code § PSC 119.06 Modifications to the DG facility {#sec-psc-119.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.06}

The applicant shall notify the public utility of plans for any material modification to the DG facility by providing at least 20 working days of advance notice for a Category 1 DG facility, 40 working days for Category 2 DG facility, and 60 working days for a Category 3 or 4 DG facility. The applicant shall provide this notification by submitting a revised standard application form and such supporting materials as may be reasonably requested by the public utility. The applicant may not commence any material modification to the DG facility until the public utility has approved the revised application, including any necessary engineering review or distribution system study. The public utility shall indicate its written approval or rejection of a revised application within the number of working days shown in the table below. Upon completion of the application process, a new standard interconnection agreement shall be signed by both parties prior to parallel operation. If the public utility fails to respond in the time specified in Table 119.06-1, the completed application is deemed approved.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. Table 119.06-1 Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § PSC 119.07 Easements and rights-of-way {#sec-psc-119.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.07}

If a public utility line extension is required to accommodate a DG interconnection, the applicant shall provide, or obtain from others, suitable easements or rights-of-way. The applicant is responsible for the cost of providing or obtaining these easements or rights of way.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PSC 119.08 Fees and distribution system costs {#sec-psc-119.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.08}

(1) Upon receiving a standard application form, the public utility shall specify the amount of any engineering review or distribution system study fees. The applicant shall pay the fees specified in Table PSC 119.08, unless the public utility chooses to waive the fees in whole or in part. For any fees paid by the applicant per Table PSC 119.08, any unexpended funds shall be credited to subsequent interconnection steps and associated fee obligations.

(2) The public utility may recover from the applicant an amount up to the actual cost, for labor and parts, of any distribution system upgrades required. The utility may charge for retesting an installation that does not conform to the requirements set forth in this chapter. The fee for retesting shall be equal to the applicable commissioning fee, unless at the public utility’s discretion a lower fee amount is assessed.

(3) Costs for any necessary line extension shall be assessed pursuant to s. PSC 113.1005.

(4) For any application that is withdrawn by the applicant or deemed withdrawn by the public utility, the public utility shall provide the applicant with a reconciliation of costs from any engineering review, distribution system study, or required distribution system upgrades or modifications performed. Public utilities shall refund to the applicant any fees paid in excess of costs incurred by the utility. Applicants shall pay any additional costs incurred by the utility in excess of previous payments.

(5) Public utilities may assess a fee of up to $300 for preparation of a pre-application report, unless the public utility chooses to waive the fee in whole or in part.

(6) For each year in which a public utility assessed an engineering review fee or a distribution system study fee for a Category 1 or 2 facility, the public utility shall provide a report to the commission by March 31 of the following year which includes:

(a) The number of Category 1 and 2 facilities in which an engineering review fee was assessed and the average engineering review fee that was charged to applicants.

(b) The number of Category 1 and 2 facilities in which a distribution system study fee was assessed and the average distribution system study fee that was charged to applicants.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (1), Table 119.08-1, (2), cr. (4) to (6) Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § PSC 119.09 Disconnection {#sec-psc-119.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.09}

A public utility may refuse to connect or may disconnect a DG facility from the distribution system only under any of the following conditions:

(1) Lack of approved standard application form or standard interconnection agreement.

(2) Termination of interconnection by mutual agreement.

(3) Non-compliance with the technical or contractual requirements.

(4) Distribution system emergency.

(5) Routine maintenance, repairs, and modifications, but only for a reasonable length of time necessary to perform the required work and upon reasonable notice.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PSC 119.10 One-line schematic diagram {#sec-psc-119.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.10}

(1) The applicant shall include a one-line schematic diagram with the completed standard application form. ANSI symbols shall be used in the one-line schematic diagram to show the following:

(a) Generator or inverter.

(b) Point where the DG facility is electrically connected to the customer’s electrical system.

(d) Lockable interconnection disconnect switch.

(e) Method of grounding, including generator and transformer ground connections.

(f) Protection functions and systems.

(2) The applicant shall include with the schematic diagram technical specifications of the point where the DG facility is electrically connected to the customer’s electrical system, including all unintentional islanding and power quality protective systems. The specifications regarding the unintentional islanding protective systems shall describe all automatic features provided to disconnect the DG facility from the distribution system in case of loss of grid power, including the functions for over/under voltage, over/under frequency, overcurrent, and loss of synchronism. The applicant shall also provide technical specifications for the generator, lockable interconnection disconnect switch, and grounding and shall attach the technical specification sheets for any certified equipment. The applicant shall include with the schematic diagram a statement by the manufacturer that its equipment meets or exceeds the type tested requirements for certification.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (2) Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § PSC 119.11 Control schematics {#sec-psc-119.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.11}

For equipment not certified under s. PSC 119.26, the applicant shall include with the application a complete set of control schematics showing all protective functions and controls for generator protection and distribution system protection.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PSC 119.12 Site plan {#sec-psc-119.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.12}

For all categories, the applicant shall include with the application a site plan that shows the location of the interconnection disconnect switch, adjoining street name, and the street address of the DG facility. For Category 2, 3, or 4 DG facilities, the site plan shall show the location of major equipment, electric service entrance, electric meter, interconnection disconnect switch, and interface equipment.

History

CR 03−003: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PSC 119.13 Pre-application report {#sec-psc-119.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.13}

(1) Potential applicants may request a pre-application report in order to obtain information about system conditions at their proposed interconnection location, without submitting an application under s. PSC 119.04.

(2) To request a pre-application report, potential applicants shall complete and submit to its public utility the standard pre-application request form. A request for a pre- application report shall not be considered submitted until applicant submits the standard pre-application form and pays applicable pre-application review fees under s. PSC 119.08 (5).

(3) All submitted pre-application report requests shall be reviewed for completeness in the order in which they fulfill the requirements of sub. (2).

(3m) Public utilities shall evaluate the submitted pre-application form for completeness within 5 business days of receipt. A complete request shall include location information that allows the public utility to clearly identify a proposed point of interconnection, and information on the proposed DG facility sufficient to identify DG type, nameplate and export capacity, and service configuration.

(4) All complete pre-application report requests shall receive pre-application reports in the order in which they fulfill the requirements of sub. (3). Within 15 business days of determining a pre-application report request complete, the public utility shall respond by providing the applicant with a completed standard pre- application report that provides information on the capacity, network and operating characteristics, and applicable operating constraints at the proposed point of interconnection.

(4m) Completed pre-application reports shall reflect the best available information using existing data readily available to the public utility at the time of reporting. A public utility shall not be obligated to conduct additional analysis of the proposed project or location in order to complete a pre- application report. The report shall communicate to potential applicants that the information provided is subject to change and may not be applicable as of the date when a future application is submitted.

History

CR 22-077: cr. Register April 2024 No. 820, eff. 5-1-24; renum. (3) (a), (4) (a) to be (3m) and (4m) under s. 13.92 (4) (b) 1., Stats., Register April 2024, No. 820.

Subchapter III Design Requirements

Wis. Admin. Code § PSC 119.20 General design requirements {#sec-psc-119.20 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.20}

(1) The applicant shall install protection devices to ensure that the current supplied by the DG facility is interrupted if a fault or other potentially dangerous event occurs on the distribution system. If such an event occurs and the public utility’s distribution system is de-energized, any DG facility that is connected to this distribution system shall automatically disconnect. All DG facilities shall utilize protection devices that prevent electrically closing a DG facility that is out of synchronization with the distribution system.

(2) All installations shall include equipment circuit breakers, on the DG facility side of the point where the DG facility is electrically connected to the customer’s electrical system, that are capable of interrupting the maximum available fault current. Equipment circuit breakers shall meet all applicable UL, ANSI, and IEEE standards.

(3) The public utility may require that the applicant furnish and install an interconnection disconnect switch that opens, with a visual break, all ungrounded poles of the interconnection circuit. The interconnection disconnect switch shall be rated for the voltage and fault current requirements of the DG facility, and shall meet all applicable UL, ANSI, and IEEE standards. The switch enclosure shall be properly grounded. The interconnection disconnect switch shall be accessible at all times, located for ease of access to public utility personnel, and shall be capable of being locked in the open position. The applicant shall follow the public utility’s recommended switching, clearance, tagging, and locking procedures.

Note: Provisions of the Wisconsin Electrical Safety Code, Volume 2, ch. SPS 316 also apply to these installations.

(4) The applicant shall label the interconnection disconnect switch “Interconnection Disconnect Switch” by means of a permanently attached sign with clearly visible and permanent letters. The applicant shall provide and post its procedure for disconnecting the DG facility next to the switch.

(5) The applicant shall install an equipment grounding conductor, in addition to the ungrounded conductors, between the DG facility and the distribution system. The grounding conductors shall be available, permanent, and electrically continuous, shall be capable of safely carrying the maximum fault likely to be imposed on them by the systems to which they are connected, and shall have sufficiently low impedance to facilitate the operation of overcurrent protection devices under fault conditions. All DG transformations shall be multi-grounded. The DG facility may not be designed or implemented such that the earth becomes the sole fault current path.

Note: Grounding practices are also regulated by the Wisconsin Electrical Safety Code Volumes 1 and 2, as found in chs. SPS 316 and PSC 114.

(6)

(a) All inverter-based DG facilities shall be UL 1741 published September 28, 2021 listed.

(b) All DG facilities shall meet the requirements of IEEE Std 1547-2018 and be tested in accordance with IEEE Std 1547.1.

Synchronous machine generation shall use the normal performance category of Category A and the abnormal performance category of Category I. Ride-through and trip settings shall meet the recommendations of the regional transmission operator guidelines.
Inverter-based DG facilities shall use the normal performance category of Category B and the abnormal performance category of Category II. Ride-through and trip settings shall meet the recommendations of the regional transmission operator guidelines. The public utility shall constructively work with the regional transmission operator to provide a recommendation whether abnormal performance category of Category III is the proper category assignment for inverter-based DG facilities.
Exceptions to these performance categories may be reviewed by the public utility on a case-by-case basis.

(7)

(a) All Category 1 and 2 DG facilities shall be operated at a power factor greater than 0.9.

(b) All Category 3 and 4 DG facilities shall be operated at unity power factor or as mutually agreed between the public utility and applicant.

(8) The DG facility shall not create system voltage or current disturbances that exceed the standards listed in subch. VII of ch. PSC 113.

(9) The applicant shall protect and synchronize its DG facility with the distribution system.

(10) Each DG facility shall include an automatic interrupting device that is listed with a nationally recognized testing laboratory and is rated to interrupt available fault current. The interrupting device shall be tripped by any of the required protective functions.

(11) An applicant for interconnection of a Category 3 or Category 4 facility shall provide test switches as specified by the public utility, to allow for testing the operation of the protective functions without unwiring or disassembling the equipment.

(12) The public utility may require a DG facility to be isolated from other customers by installation of a separate power transformer. When a separate transformer is required, the utility may include its actual cost in the distribution system upgrade costs. The applicant is responsible for supplying and paying for any custom transformer. This requirement does not apply to an induction-type generator with a capacity of 5 kW or less, or to other generating units of 10 kW or less that utilize a line-commutated inverter.

(13) The owner of a DG facility designed to operate in parallel with a spot or secondary network service shall provide relaying or control equipment that is rated and listed for the application and is acceptable to the public utility.

(14) For a Category 3 or Category 4 DG facility, the public utility may require that the facility owner provide telemetry equipment whose monitoring functions include transfer-trip functionality, voltage, current, real power (watts), reactive power (vars), and breaker status.

(15) When the public utility requires two-way communication or control functionality of the DG facility, the applicant shall work with the public utility to establish the minimum standard technical and communication requirements.

(16) For interconnection purposes, energy storage systems shall be treated as distributed generation facilities and shall meet the following requirements and standards:

(a) Provide operational mode programming that controls the charging, discharging, and bypass (export or non-export) of an energy storage system. Operational mode programming shall be stated in an interconnection agreement.

(b) Be UL 9540, published February 27, 2020, listed.

Note: The UL standards are available at http://ulstandards.ul.com. They may also be viewed at the PSCW Library, 4822 Madison Yards Way, Madison, WI.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (6) (a), renum. (6) (b) to (6) (b) (intro.) and am., cr. (6) (b) 1. to 3., (15), (16) Register April 2024 No. 820, eff. 5-1-24; correction in (16) (b) made under s. 35.17, Stats., Register April 2024 No. 820.

Wis. Admin. Code § PSC 119.25 Minimum protection requirements {#sec-psc-119.25 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.25}

(1) Each DG facility shall include protection and unintentional islanding equipment to prevent the facility from adversely affecting the reliability or capability of the distribution system. The applicant shall contact the public utility to determine any specific protection requirements.

(2) The protective system functions, which may be met with microprocessor-based multifunction protection systems or discrete relays, are required. Protective relay activation shall not only alarm but shall also trip the generator breaker/contactor.

(3) In addition to unintentional islanding protection, a DG facility shall meet the following minimum protection requirements:

(a) A Category 1 DG facility shall include:

Over/under frequency function.
Over/under voltage function.
Overcurrent function.
Ground fault protection.

(b) A Category 2, 3, or 4 DG facility shall include:

Over/under frequency function.
Over/under voltage function.
Overcurrent function.
Ground fault protection.
Synchronism check function.
Other equipment, such as other protective devices, supervisory control and alarms, telemetry and associated communications channel, that the public utility determines to be necessary and is compliant with applicable codes and standards. The public utility shall advise the applicant of any communications requirements after a preliminary review of the proposed installation.

(4) A DG facility certified pursuant to s. PSC 119.26 shall be deemed to meet the requirements of this section.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (1), (3) (intro.), (b) 6. Register April 2024 No. 820, eff. 5-1-24.

Subchapter IV Equipment Certification

Wis. Admin. Code § PSC 119.26 Certified paralleling equipment {#sec-psc-119.26 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.26}

DG paralleling equipment that a nationally recognized testing laboratory certifies as meeting the applicable type testing requirements of UL 1741 (September 28, 2021 revision) is acceptable for interconnection, without additional protection systems, to the distribution system. The applicant may use certified paralleling equipment for interconnection to a distribution system without further review or testing of the equipment design by the public utility, but the use of this paralleling equipment does not automatically qualify the applicant to be interconnected to the distribution system at any point in the distribution system. The public utility may still require an engineering review to determine the compatibility of the distributed generation system with the distribution system capabilities at the selected point of common coupling. DG paralleling equipment shall meet applicable codes and standards listed in PSC 119.025.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § PSC 119.27 Non-certified paralleling equipment {#sec-psc-119.27 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.27}

(1) Any DG facility that is not certified under s. PSC 119.26 shall be equipped with protective hardware or software to prevent unintentional islanding and to maintain power quality. The applicant shall provide the final design of this protective equipment. The public utility may review and approve the design, types of protective functions, and the implementation of the installation. The applicant shall own the protective equipment installed at its facility.

(2) The applicant shall calibrate any protective system approved under sub. (1) to the specifications of the public utility. The applicant shall obtain prior written approval from the public utility for any revisions to specified protection system calibrations.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. (1) Register April 2024 No. 820, eff. 5-1-24.

Subchapter V Testing of DG Facility Installations

Wis. Admin. Code § PSC 119.30 Unintentional islanding test {#sec-psc-119.30 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.30}

The public utility may perform an unintentional islanding test or observe the automatic shutdown before giving final written approval for interconnection of the DG facility. The unintentional islanding test requires that the DG facility shall detect the island, cease to energize the local distribution system, and trip within two seconds of the formation of an island. The test shall be conducted as close to the point of common coupling as possible and should demonstrate that the DG facility does not energize the local distribution or transmission system. The test shall be conducted with all DG facility equipment operational and generating at an output that reflects site conditions acceptable to both parties. If a voltage is sustained after the simulation of an unintentional island, approval of the installation shall not be given until corrective measures are taken with a subsequent successful test.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § PSC 119.31 Commissioning tests for paralleling equipment in Categories 2 to 4 {#sec-psc-119.31 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.31}

The public utility shall provide the acceptable range of settings for the paralleling equipment of a Category 2, 3, or 4 DG facility. The applicant shall program protective equipment settings into this paralleling equipment. The public utility may verify the protective equipment settings prior to allowing the DG facility to interconnect to the distribution system.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PSC 119.32 Additional test {#sec-psc-119.32 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.32}

The public utility or applicant may, upon reasonable notice, re-test the DG facility installation after a failed test under s. PSC 119.30 or 119.31 or a disconnection under s. PSC 119.09. The party responsible for the re-testing shall bear the cost of the re-tests.

History

CR 03-003: cr. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: am. Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § PSC 119.40 Dispute Procedures {#sec-psc-119.40 omnilex-key=us-wi-regs-official--agency-psc--PSC 119.40}

(1) Applicants and public utilities shall attempt to resolve all disputes arising out of the interconnection process, including, but not limited to, the application and approval process under s. PSC 119.04 and disconnection under s. PSC 119.09, as described in this section.

(2) The applicant shall attempt to resolve the issue with the public utility by informing the public utility of the issue under dispute and the relief requested. The public utility shall:

(a) Investigate the issue promptly and completely.

(b) Advise the applicant of the results of the investigation.

(3) After the applicant has pursued available remedies with the public utility, the applicant may request that commission staff informally review the disputed issue and recommend terms of settlement.

(a) The applicant’s request for an informal review may be made in any reasonable manner, such as by written request or telephone request direct to the commission. By telephone or written request public service commission staff may request information from the public utility to investigate the dispute.

(b) The public utility shall designate employees for responding to disputes who are readily available and have an appropriate and sufficient authority level for investigating concerns raised by the commission and its staff. The public utility shall respond to commission staff’s request for investigation by providing a response to the commission within 10 business days. Commission staff may extend this time period if the public utility requests more time to complete its investigation. Based on the information provided by the applicant and the public utility, commission staff shall make an informal determination and communicate that determination in writing to both parties.

(c) At least 7 days must elapse between the date commission staff communicates an informal determination and any disconnection of a distributed generation facility involved in the dispute.

(4) After an informal determination is made, any party to the dispute may make a written request for a formal review by the commission. All requests for formal review shall be made within 30 days of the date commission staff communicates a written informal determination. To avoid disconnection of a DG facility from the distribution system pending a formal review, an applicant must request formal commission review within 7 days after the commission’s informal determination.

(5) 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 the information previously collected for informal review. Commission staff shall provide the commission with a memorandum based on the information it has received from the parties. A copy of the commission staff memorandum shall be provided to the parties 30 days prior to consideration by the commission. Any party to the dispute may file a response to the commission staff’s memorandum. Responses shall be filed with the commission 15 days prior to the date scheduled for consideration by the commission. The commission shall inform both parties of its decision.

(6) Any party to the dispute 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 dispute. The commission may review and reaffirm its original decision, issue a new decision, or decide to hold a hearing on the matter for the gathering of additional information.

(7)

(a) If the commission decides to conduct a formal hearing under sub. (6) on the dispute, the commission may condition the terms of its granting a formal hearing. Failure to meet these conditions before hearing shall constitute waiver of the dispute by the disputing party.

(am) The hearing shall confirm to the procedures of ss. 196.26 to 196.34, Stats.

(b) Any such hearing shall be held not less than 60 days following a notice of hearing, and a decision thereon shall be rendered following the conclusion of the hearing.

(8) A DG facility may not be disconnected from the distribution system 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 applicant that pursuing a disputed matter does not relieve the applicant of the obligation of paying charges which are not in dispute; relieve compliance with undisputed rules, terms or conditions; or prevent disconnection from the distribution system for nonpayment of undisputed charges, or any failure to comply with undisputed rules, terms, or conditions.

History

CR 03-003: renum. from PSC 113.0208 and am. Register January 2004 No. 577, eff. 2-1-04; CR 22-077: r. and recr. Register April 2024 No. 820, eff. 5-1-24; correction in numbering in (7) (intro.), (a) made under s. 13.92 (4) (b) 1., Stats., and correction in (7) (a) made under s. 35.17, Stats., Register April 2024, No. 820; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2025 No. 829.

Chapter PSC 128 WIND ENERGY SYSTEMS

Subchapter I General

Wis. Admin. Code § PSC 128.01 Definitions {#sec-psc-128.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.01}

In this chapter:

(1) “Commercial communications” includes communications used by government and military entities for emergency purposes, licensed amateur radio service, and non-emergency communications used by agricultural, business, government, and military entities including aviation radar, commercial mobile radio service, fixed wireless service, global positioning, line-of-sight, microwave, personal communications service, weather radar, and wireless internet service.

(2) “Commission” means the public service commission.

(4) “Decommissioning” means removal of all of the following:

(a) The above ground portion of a wind energy system, including wind turbines and related facilities, except for access roads if removal has been waived by the property owner.

(b) All below ground facilities, except the following:

Underground collector circuit facilities.
Those portions of concrete structures 4 feet or more below grade.

(5) “DNR” means the Wisconsin department of natural resources.

(6) “Maximum blade tip height” means the nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer. If not listed in the wind turbine specifications, “maximum blade tip height” means the actual hub height plus the blade length.

(7) “Nameplate capacity” means the nominal generating capacity of a wind energy system, as listed in the wind turbine specifications provided by the wind turbine manufacturer.

(8) “Nonparticipating property” means real property that is not a participating property.

(9) “Nonparticipating residence” means a residence located on nonparticipating property.

(10) “Occupied community building” means a school, church or similar place of worship, daycare facility or public library.

(12) “Owner” means:

(a) A person with a direct ownership interest in a wind energy system, regardless of whether the person was involved in acquiring the necessary rights, permits and approvals or otherwise planning for the construction and operation of a wind energy system.

(b) At the time a wind energy system is being developed, a person who is acting as a wind energy system developer by acquiring the necessary rights, permits and approvals for or by planning for the construction and operation of a wind energy system, regardless of whether the person will own or operate the wind energy system.

(13) “Participating property” means any of the following:

(a) A turbine host property.

(b) Real property that is the subject of an agreement that does all of the following:

Provides for the payment of monetary compensation to the landowner from an owner regardless of whether any part of a wind energy system is constructed on the property.
Specifies in writing any waiver of a requirement or right under this chapter and that the landowner’s acceptance of payment establishes the landowner’s property as a participating property.

(14) “Participating residence” means a residence located on participating property.

(15) “Personal communications” includes wireless telecommunications, personal communications service, radio, television, wireless internet service, and other systems used for personal use purposes.

(16) “Political subdivision” has the meaning given in s. 66.0401 (1e) (c), Stats.

(17) “Residence” means an occupied primary or secondary personal residence including a manufactured home as defined in s. 101.91 (2), Stats., a hospital, community-based residential facility, residential care apartment complex or similar facility, or a nursing home. “Residence” includes a temporarily unoccupied primary or secondary personal residence. “Residence” does not include any of the following:

(a) A recreational vehicle as defined in s. 340.01 (48r), Stats., notwithstanding the length of the vehicle.

(b) A camping trailer as defined in s. 340.01 (6m), Stats.

(19) “Shadow flicker” means a pattern of moving shadows cast on a residence or an occupied community building caused by sunlight shining through moving wind turbine blades resulting in alternating changes in light intensity.

(20) “Small wind energy system” means a wind energy system that has a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts.

(21) “Turbine host property” means real property on which at least one wind turbine is located.

(22) “Wind access easement” means a written document that creates a legal interest in real property that restricts the use of the property to avoid interference with the wind resource on another property.

(23) “Wind energy system” has the meaning given in s. 66.0403 (1) (m), Stats., and is used to convert wind energy to electrical energy.

(24) “Wind energy system easement” means a written document that creates a legal interest in real property that permits an owner to place, construct or operate a wind turbine or other wind energy system facility on the property.

(25) “Wind energy system emergency” means a condition or situation at a wind energy system that presents a significant threat of physical danger to human life or a significant threat to property or a natural event that causes damage to wind energy system facilities.

(26) “Wind energy system facility” means any component of a wind energy system, such as a wind turbine, collector circuit, access road, electric system interconnection facility or operation and maintenance facility.

(27) “Wind energy system lease” means a written agreement between a landowner and an owner that establishes the terms and conditions associated with the placement, construction or operation of a wind turbine or other wind energy system facility on a landowner’s property.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.02 Applicability {#sec-psc-128.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.02}

(1) Political subdivision applications.

(a) Except as provided in par. (b), this chapter applies to a political subdivision’s review of a proposed wind energy system or regulation of a wind energy system under s. 66.0401, Stats.

(b) This chapter does not apply to any of the following:

A wind energy system for which construction began before March 1, 2011.
A wind energy system placed in operation before March 1, 2011.
A wind energy system approved by a political subdivision before March 1, 2011.
A wind energy system proposed by an owner in an application filed with a political subdivision before the March 1, 2011.

(c) Notwithstanding par. (b) 4., if an owner withdraws an application for a proposed wind energy system that is filed with a political subdivision before March 1, 2011, this chapter applies to the wind energy system if the owner re-files the application with the political subdivision on or after March 1, 2011.

(3) Commission applications. The commission shall consider whether the installation or use of a wind energy system is consistent with the standards specified in this chapter when reviewing an application under s. 196.491 (3) (d), Stats., filed on or after March 1, 2011.

(4) Individual consideration. Nothing in this chapter shall preclude the commission from giving individual consideration to exceptional or unusual situations and applying requirements to an individual wind energy system that may be lesser, greater, or different from those provided in this chapter.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.03 Political subdivision authority {#sec-psc-128.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.03}

A political subdivision may not place any restriction, either directly or in effect, on the installation or use of a wind energy system except by adopting an ordinance that complies with this chapter and s. 66.0401, Stats., and is not more restrictive than this chapter.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.04 Enforcement {#sec-psc-128.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.04}

(1) Political subdivisions. A political subdivision shall be responsible for enforcing its wind energy system ordinance and permit provisions.

(2) Commission. The commission shall enforce its rules and orders under this chapter in the manner prescribed in s. 196.66, Stats., or by such other means as provided in the statutes or administrative code.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Subchapter II Owner Requirements

Wis. Admin. Code § PSC 128.10 Incorporating owner requirements into local ordinances {#sec-psc-128.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.10}

(1) Ordinances with all the owner requirements. A political subdivision may enact an ordinance that incorporates all the owner requirements specified in this subchapter, but may not enact an ordinance whose requirements on the installation or use of a wind energy system are more restrictive than specified in this subchapter.

(2) Ordinances with less restrictive owner requirements. Except as provided in sub. (4), a political subdivision may enact an ordinance whose requirements on the installation or use of a wind energy system are less restrictive than specified in this subchapter.

(3) No ordinance. Except as provided in sub. (4), if a political subdivision does not enact an ordinance establishing requirements on the installation or use of a wind energy system, this subchapter does not apply within the political subdivision.

(4) Mandatory requirements.

(a) Section PSC 128.105 applies to every owner of a wind energy system, regardless of the political subdivision in which the wind energy system is located and regardless of the contents of a political subdivision’s ordinance or the lack of an ordinance.

(b) Section PSC 128.13 (2) (a) applies to every political subdivision, regardless of the contents of its ordinance or the lack of an ordinance.

(c) Section PSC 128.19 applies to every owner of a wind energy system of at least one megawatt, regardless of the political subdivision in which the wind energy system is located and regardless of the contents of a political subdivision’s ordinance or the lack of an ordinance.

(5) Small wind energy systems. For a small wind energy system, this subchapter applies as provided in ss. PSC 128.60 and 128.61.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.105 Development of a wind energy system; notice requirements {#sec-psc-128.105 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.105}

(1) Pre-application notice. At least 90 days before an owner files an application to construct a wind energy system, an owner shall use commercially reasonable methods to provide written notice of the planned wind energy system to all of the following:

(a) Landowners within one mile of a planned wind turbine host property.

(b) Political subdivisions within which the wind energy system may be located.

(c) Emergency first responders and air ambulance service providers serving a political subdivision within which the wind energy system may be located.

(d) The Wisconsin department of transportation.

(e) The commission.

(f) The DNR.

(g) The Wisconsin department of agriculture, trade and consumer protection.

(h) The office of the deputy undersecretary of the U.S. department of defense.

(1m) Additional pre-application notice to commission. At least 180 days before filing an application to construct a wind turbine with a maximum blade tip height exceeding 600 feet, or a wind energy system in those portions of Lake Michigan or Lake Superior that are within the jurisdiction of the state, the owner shall provide written notice of the planned wind energy system to the commission.

(2) Pre-application notice requirements. The owner shall include all of the following in a notice under sub. (1) or (1m):

(a) A complete description of the wind energy system, including the number and size of the planned wind turbines.

(b) A map showing the planned location of all wind energy system facilities.

(d) A list of all potential permits or approvals the owner anticipates may be necessary for construction of the wind energy system.

(e) Whether the owner is requesting a joint application review process under s. PSC 128.30 (7) and the name of each political subdivision that may participate in the joint review process.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.11 Real property provisions {#sec-psc-128.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.11}

(1) Easement recording required. A wind energy system easement or wind access easement shall be recorded under ch. 706, Stats. A wind energy system easement or wind access easement shall include the term of the easement and a full legal description of the property subject to the easement.

(2) Wind lease and waiver provisions. A wind energy system lease and any waiver under s. PSC 128.14 (5) or 128.15 (4) shall hold harmless and indemnify the real property owner for all of the following:

(a) Any violation of federal, state or local law by the owner of the wind energy system.

(b) Any damages or bodily injury caused by the construction, operation or decommissioning of the wind energy system.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.12 Existing property uses {#sec-psc-128.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.12}

(1) Land use and commercial enterprises. An owner shall make reasonable efforts to ascertain and accommodate any land use or commercial enterprise located on a nonparticipating property within 0.5 mile of a proposed wind turbine site if the land use or commercial enterprise exists when the owner gives notice under s. PSC 128.105 (1), or if complete publicly-available plans for construction are on file with a political subdivision within 30 days of the date the owner gives notice under s. PSC 128.105 (1).

(2) Agricultural use. An owner shall design a wind energy system to reasonably minimize the conversion of land from agricultural use.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.13 Siting criteria {#sec-psc-128.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.13}

(1) Setback distance and height requirements.

(a) An owner shall design and construct a wind energy system using the wind turbine setback distances shown in Table 1.

(b) An owner shall measure wind turbine setback distances as a straight line from the vertical centerline of the wind turbine tower to the nearest point on the permanent foundation of a building or residence or to the nearest point on the property line or feature, as applicable.

(c) An owner shall work with a political subdivision and owners of participating and nonparticipating properties to site wind turbines to minimize individual hardships.

(d) The owner of a nonparticipating residence or occupied community building may waive the applicable wind turbine setback distances in Table 1 for those structures to a minimum setback distance of 1.1 times the maximum blade tip height. The owner of a nonparticipating property may waive the applicable wind turbine setback distance in Table 1 from a nonparticipating property line.

(2) Political subdivision criteria.

(a) A political subdivision may not establish long-term land use planning requirements or practices that preclude the construction of a particular type, or any type, of wind turbine or wind energy system within the political subdivision’s jurisdiction, except as provided in s. 66.0401 (4) (f) 2., Stats.

(b) A political subdivision may not set height or setback distance limitations for a wind turbine near a public use airport or heliport that are more restrictive than existing airport and airport approach protection provisions under ss. 114.135 and 114.136, Stats. If no provisions have been established for public use airports or heliports under s. 114.135 or 114.136, Stats., the political subdivision may adopt wind turbine height or setback distance provisions that are based on, but not more restrictive than, the federal aviation administration obstruction standards in 14 CFR Part 77.

(c) A political subdivision may set height or setback distance limitations for wind turbines near a private heliport at a medical facility used for air ambulance service that are based on, but not more restrictive than, federal aviation administration obstruction standards that apply to public use heliports.

(d) A political subdivision may not set height or setback distance limitations for a wind turbine near a private use airport or heliport except as provided in par. (c).

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.14 Noise criteria {#sec-psc-128.14 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.14}

(1) Definitions. In this section, nighttime hours are the hours beginning at 10:00 p.m. and ending at 6:00 a.m. daily and daytime hours are the hours beginning at 6:00 a.m. and ending at 10:00 p.m. daily.

(2) Planning.

(a) The noise limits in this section apply at the outside wall of a nonparticipating residence or occupied community building that exists when the owner gives notice under s. PSC 128.105 (1) or for which complete publicly-available plans for construction are on file with a political subdivision within 30 days of the date on which the owner gives notice under s. PSC 128.105 (1).

(b) An owner shall design the proposed wind energy system to minimize noise at a residence or occupied community building to the extent reasonably practicable.

(c) An owner shall design a wind energy system to comply with the noise standards in this section under planned operating conditions.

(3) Noise limits.

(a) Except as provided in par. (b), subs. (4) (c) and (5), an owner shall operate the wind energy system so that the noise attributable to the wind energy system does not exceed 50 dBA during daytime hours and 45 dBA during nighttime hours.

(b) In the event audible noise due to wind energy system operations contains a steady pure tone, such as a whine, whistle, screech, or hum, the owner shall promptly take corrective action to permanently eliminate the noise. This paragraph does not apply to sound the wind energy system produces under normal operating conditions.

(4) Compliance.

(a) If an owner uses sound level measurements to evaluate compliance with this section at a nonparticipating residence or occupied community building, those measurements shall be made as near as possible to the outside wall nearest to the closest wind turbine, or at an alternate wall as specified by the owner of the nonparticipating residence or occupied community building. The owner may take additional measurements to evaluate compliance in addition to those specified by this section.

(b) Upon receipt of a complaint regarding a violation of the noise standards in sub. (3) (a), an owner shall test for compliance with the noise limits in sub. (3) (a). A political subdivision or monitoring committee established under s. PSC 128.41 may not require additional testing to show compliance with sub. (3) (a) if the owner has provided the results of an accurate test conducted within 2 years of the date of the complaint showing that the wind energy system is in compliance with sub. (3) (a) at the location relating to the complaint.

(c) Methods available for the owner to comply with sub. (3) shall include operational curtailment of one or more wind turbines. Upon receipt of a complaint about a noise under sub. (3) (b), the owner shall use operational curtailment to eliminate the noise until the owner permanently corrects the problem.

(d) An owner shall evaluate compliance with sub. (3) (a) as part of pre- and post-construction noise studies. An owner shall conduct pre- and post-construction noise studies under the most current version of the noise measurement protocol as described in s. PSC 128.50 (2).

(5) Waiver. Upon request by an owner of a wind energy system, an owner of an affected nonparticipating residence or occupied community building may relieve the owner of the wind energy system of the requirement to meet any of the noise limits in this section at the affected residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by an owner of an affected nonparticipating residence or occupied community building, a waiver by an owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property, runs with the land until the wind energy system is decommissioned, and shall be recorded under ch. 706, Stats.

(6) Notification.

(a) Before entering into a contract under sub. (5), an owner of a wind energy system shall provide written notice of the requirements of this section to the owner of an affected nonparticipating residence or occupied community building.

(b) Before the initial operation of the wind energy system, an owner of a wind energy system shall provide notice of the requirements of this section to an owner of a nonparticipating residence or occupied community building within 0.5 mile of a constructed wind turbine that has not entered into a contract under sub. (5).

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.15 Shadow flicker {#sec-psc-128.15 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.15}

(1) Planning.

(a) The shadow flicker requirements in this section apply to a nonparticipating residence or occupied community building that exists when the owner gives notice under s. PSC 128.105 (1) or for which complete publicly-available plans for construction are on file with a political subdivision within 30 days of the date on which the owner gives notice under s. PSC 128.105 (1).

(b) An owner shall design the proposed wind energy system to minimize shadow flicker at a residence or occupied community building to the extent reasonably practicable.

(c) An owner shall use shadow flicker computer modeling to estimate the amount of shadow flicker anticipated to be caused by a wind energy system and shall design the wind energy system so that computer modeling indicates that no nonparticipating residence or occupied community building will experience more than 30 hours per year of shadow flicker under planned operating conditions.

(2) Shadow flicker limits. An owner shall operate the wind energy system in a manner that does not cause more than 30 hours per year of shadow flicker at a nonparticipating residence or occupied community building. If a nonparticipating residence or occupied community building experiences more than 30 hours per year of shadow flicker under the wind energy system’s normal operating conditions, the owner shall use operational curtailment to comply with this subsection.

(3) Shadow flicker mitigation.

(a) An owner of a wind energy system shall work with an owner of a nonparticipating residence or occupied community building to mitigate the effects of shadow flicker to the extent reasonably practicable.

(b) An owner shall provide reasonable shadow flicker mitigation at the owner’s expense for a nonparticipating residence or occupied community building experiencing 20 hours or more per year of shadow flicker.

(c) An owner shall model shadow flicker and a nonparticipating residence or occupied community building is eligible for mitigation if computer modeling shows that shadow flicker at the nonparticipating residence or occupied community building will be 20 hours or more per year. An owner of a nonparticipating residence or occupied community building is not required to document the actual hours per year of shadow flicker if modeling indicates the nonparticipating residence or occupied community building is eligible for mitigation. A nonparticipating residence or occupied community building that experiences 20 hours or more per year of shadow flicker based on records kept by the resident of a nonparticipating residence or the occupant of an occupied community building shall also be eligible for mitigation.

(d) An owner may provide shadow flicker mitigation for any residence or occupied community building in addition to the mitigation required under par. (b).

(e) The requirement under par. (b) to mitigate shadow flicker applies when the owner receives a complaint or request for mitigation regarding shadow flicker for an eligible nonparticipating residence or occupied community building. If shadow flicker mitigation is required, the owner of the wind energy system shall allow the owner of the nonparticipating residence or occupied community building to choose a preferred reasonable mitigation technique, including installation of blinds or plantings at the wind energy system owner’s expense.

(4) Waiver. Upon request by an owner of a wind energy system, an owner of an affected nonparticipating residence or occupied community building may relieve the wind energy system owner of a requirement under sub. (2) or (3) (b) at the affected nonparticipating residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by an owner of an affected nonparticipating residence or occupied community building, a waiver by an owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property and runs with the land until the wind energy system is decommissioned, and shall be recorded under ch. 706, Stats.

(5) Notification.

(a) Before entering into a contract under sub. (4), a wind energy system owner shall provide notice of the requirements of this section to individual owners of an affected nonparticipating residence or occupied community building.

(b) Before the initial operation of the wind energy system, a wind energy system owner shall provide notice of the requirements of this section to an owner of a nonparticipating residence or occupied community building within 0.5 mile of a constructed wind turbine that has not entered into a contract under sub. (4).

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.16 Signal interference {#sec-psc-128.16 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.16}

(1) Planning.

(a) Except as provided in sub. (4), the signal interference requirements in this section apply to commercial communications and personal communications in use when the wind energy system begins operation.

(b) A owner shall use reasonable efforts to avoid causing interference with commercial communications and personal communications to the extent practicable.

(c) An owner may not construct wind energy system facilities within existing line-of-sight communication paths that are used by government or military entities to provide services essential to protect public safety. A political subdivision may require an owner to provide information showing that wind turbines and other wind energy system facilities will be in compliance with this paragraph.

(2) Commercial communications interference mitigation. An owner shall use reasonable and commercially available technology to mitigate interference caused by a wind energy system with commercial communications in use when a wind energy system begins operation. Before implementing mitigation measures, the owner shall consult with affected parties regarding the preferred mitigation solution for commercial communications interference problems. Except as provided in sub. (4), an owner shall mitigate commercial communications interference caused by the wind energy system by making the affected party’s preferred reasonable mitigation solution effective until either the wind energy system is decommissioned or the communication is no longer in use, whichever is earlier.

(3) Personal communications interference mitigation.

(a) An owner shall use reasonable and commercially available technology to mitigate interference with personal communications in use when a wind energy system begins operation caused by a wind energy system. A political subdivision may require an owner to use reasonable and commercially available technology to mitigate interference with personal communications that were not in use when the wind energy system began commercial operation, if a wind energy system is causing the interference and the interference occurs at a location at least 0.5 mile from a wind turbine.

(b) Before implementing mitigation measures, the owner shall consult with affected parties regarding the preferred mitigation solution for personal communications interference problems. Except as provided in sub. (4), an owner shall mitigate personal communications interference caused by the wind energy system by making the affected party’s preferred reasonable mitigation solution effective until either the wind energy system is decommissioned or the communication is no longer in use, whichever is earlier.

(4) Mitigation protocol. A political subdivision may, under a protocol established under s. PSC 128.50 (2), require an owner to implement a new mitigation solution that becomes commercially available before the wind energy system is decommissioned to address interference for which mitigation is required under sub. (2) or (3) and for which the original mitigation solution implemented is only partially effective.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.

Wis. Admin. Code § PSC 128.17 Stray voltage {#sec-psc-128.17 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.17}

(1) Testing required.

(a) An owner shall work with the local electric distribution company to test for stray voltage at all dairy and confined animal operations within 0.5 mile of a wind energy system facility pursuant to the stray voltage protocol established by the commission before any wind energy system construction activity that may interfere with testing commences and again after construction of the wind energy system is completed, except as otherwise specified by commission staff under par. (b).

(b) Before any testing under par. (a) begins, an owner shall work with commission staff to determine the manner in which stray voltage testing will be conducted and on which properties. The electric distribution company serving a dairy or confined animal operation where testing is required under par. (a) shall conduct or arrange to conduct all required testing at the expense of the owner.

(2) Results of testing. An owner and the electric distribution company shall provide to commission staff the results of all stray voltage testing in writing.

(3) Requirement to rectify problems. An owner shall work with the electric distribution company and farm owner to rectify any stray voltage problems attributable to the construction and operation of the wind energy system, in compliance with the commission’s stray voltage protocol.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.18 Construction and operation {#sec-psc-128.18 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.18}

(1) Physical characteristics.

(a) An owner may not display advertising material or signage other than warnings, equipment information, or indicia of ownership on a wind turbine. An owner may not attach any flag, decorative sign, streamers, pennants, ribbons, spinners, fluttering, or revolving devices to a wind turbine. An owner may attach a safety feature or wind monitoring device to a wind turbine.

(b) An owner shall ensure that a wind turbine has a conventional or unobtrusive finish.

(c) An owner shall install lighting at a wind energy system that complies with standards established by the federal aviation administration. A political subdivision may not establish lighting requirements for a wind energy system that conflict with standards established by the federal aviation administration. A political subdivision may require use of shielding or control systems approved by the federal aviation administration to reduce visibility of lighting to individuals on the ground.

(d) An owner shall take appropriate measures to ensure that a wind turbine is not readily climbable except by authorized personnel.

(e) An owner shall ensure that all wind turbine access doors and electrical equipment are locked when authorized personnel are not present.

(f) An owner shall place appropriate warning signage on or at the base of each wind turbine.

(g) An owner shall post and maintain up-to-date signs containing a 24-hour emergency contact telephone number, information identifying the owner, and sufficient information to identify the location of the sign within the wind energy system. An owner shall post these signs at every intersection of a wind energy system access road with a public road and at each wind turbine location.

(h) An owner shall clearly mark guy wires and supports for a wind energy system, meteorological tower or other device for measuring wind speeds so that the wires and supports are visible to low flying aircraft under fair weather conditions.

(2) Electrical standards.

(a) An owner shall construct, maintain, and operate collector circuit facilities in a manner that complies with the national electrical safety code and ch. PSC 114 and shall construct, maintain, and operate all wind energy system facilities in a manner that complies with the national electrical code.

(b) An owner shall construct collector circuit facilities for a wind energy system underground to the extent practicable.

(c) An owner shall establish an inspection schedule for all overhead collector circuits to ensure that third-party facilities, including cable television and telecommunications cables, are not attached or bonded to overhead collector circuit grounding. If third-party facilities are found attached to the overhead collector facilities, the owner shall ensure that the third-party facilities are promptly removed.

(3) Construction, operation, and maintenance standards.

(a) An owner shall construct, operate, repair, maintain and replace wind energy system facilities as needed to keep the wind energy system in good repair and operating condition and in a manner that protects individuals from injury.

(am) An owner shall minimize soil compaction, topsoil mixing and damage to drainage systems on agricultural land during the construction or decommissioning of the wind energy system. A political subdivision may establish reasonable requirements designed to minimize soil compaction, topsoil mixing and damage to drainage systems on agricultural land.

(b) Except for the area physically occupied by the wind energy system facilities, an owner shall restore the topography, soils and vegetation of the project area to original condition after construction is complete, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.

(c) An owner shall carry general liability insurance relating to claims for property damage or bodily injury arising from the construction, operation or decommissioning of the wind energy system and shall include turbine host property owners as additional insured persons on the policy.

(4) Emergency procedures.

(a) An owner shall notify a political subdivision of the occurrence and nature of a wind energy system emergency within 24 hours of the wind energy system emergency.

(b) An owner shall establish and maintain liaison with a political subdivision and with fire, police, and other appropriate first responders serving the wind energy system to create effective emergency plans that include all of the following:

A list of the types of wind energy system emergencies that require notification under par. (a).
Current emergency contact information for first responders and for the wind energy system owner, including names and phone numbers.
Procedures for handling different types of wind energy system emergencies, including written procedures that provide for shutting down the wind energy system or a portion of the system as appropriate.
Duties and responsibilities of the owner and of first responders in the event of a wind energy system emergency.
An emergency evacuation plan for the area within 0.5 mile of any wind energy system facility, including the location of alternate landing zones for emergency services aircraft.

(c) The owner shall review the emergency plan at least annually in collaboration with fire, police and other appropriate first responders to update and improve the emergency plan as needed.

(d) The owner shall distribute current copies of the emergency plan to the political subdivision and fire, police and other appropriate first responders as identified by the political subdivision.

(e) A political subdivision may require the owner to provide annual training for fire, police and other appropriate first responders regarding responding to a wind energy system emergency until the wind energy system has been decommissioned.

(f) An owner of a wind energy system shall do all of the following:

Furnish its operator, supervisors and employees who are responsible for emergency action a copy of the current edition of the emergency procedures established under this subsection to ensure compliance with those procedures.
Train the appropriate operating personnel to ensure they have knowledge of the emergency procedures and verify that the training is effective.
As soon as possible after the end of a wind energy system emergency, review employee activities to determine whether the procedures were effectively followed.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.19 Decommissioning {#sec-psc-128.19 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.19}

(1) Requirement to decommission.

(a) An owner of a wind energy system shall decommission and remove the wind energy system when the system is at the end of its useful life.

(b) A wind energy system is presumed to be at the end of its useful life if the wind energy system generates no electricity for a continuous 360-day period. This presumption may be rebutted under par. (c).

(c) Upon application by the owner, and except as provided in par. (d), a political subdivision shall grant an extension of the time period for returning the wind energy system to service by one or more additional 180 day periods if the owner demonstrates it is likely the wind energy system will operate again in the future and any of the following occur:

The owner submits a plan to the political subdivision that demonstrates an ongoing good faith effort to return the wind energy system to service and outlines the steps and schedule for returning the wind energy system to service in a reasonable period of time, including by repairing, replacing or repowering the wind energy system facilities as necessary to generate electricity.
The owner demonstrates that the wind energy system is part of a prototype or other demonstration project being used for ongoing research or development purposes.
The owner demonstrates that the wind energy system is being used for educational purposes.

(d) A political subdivision may deny a request for an extension under par. (c) if the wind energy system has not generated any electricity for a continuous period of 540 days or more and the political subdivision finds that the owner is not capable of returning the wind energy system to service within a reasonable period of time.

(e) A wind energy system is irrebuttably presumed to be at the end of its useful life if the wind energy system generates no electricity for a period of 540 days and any of the following occur:

The owner does not request an extension of the time period for returning the wind energy system to service under par. (c).
The political subdivision denies a request for an extension under par. (d) and any appeal rights have expired.

(f) When decommissioning is required, the owner shall begin decommissioning within 360 days after the wind energy system has reached the end of its useful life. The owner shall complete decommissioning and removal of the wind energy system within 540 days after the wind energy system has reached the end of its useful life.

(2) Decommissioning review. A political subdivision may establish a decommissioning review process to determine when a wind energy system has reached the end of its useful life.

(3) Financial responsibility.

(a) The owner of a wind energy system with a nameplate capacity of one megawatt or larger shall maintain proof of the owner’s ability to fund the actual and necessary cost to decommission the wind energy system and shall ensure the availability of funds necessary for decommissioning throughout the expected life of the wind energy system and through to completion of the decommissioning activities.

(b) A political subdivision may require an owner of a wind energy system with a nameplate capacity of one megawatt or larger to provide financial assurance of the owner’s ability to pay for the actual and necessary cost to decommission the wind energy system before commencing major civil construction activities such as blasting or foundation construction at the wind energy system site. An owner may comply with this paragraph by choosing to provide a bond, deposit, escrow account, irrevocable letter of credit, or some combination of these financial assurances, that will ensure the availability of funds necessary for decommissioning throughout the expected life of the wind energy system and through to completion of the decommissioning activities.

(c) A political subdivision may require an owner to provide the financial assurance under par. (b) in an amount up to the estimated actual and necessary cost to decommission the wind energy system. If a political subdivision requires an owner to provide financial assurance under par. (b), the political subdivision may do any of the following:

Require the owner to provide the political subdivision with up to 3 cost estimates of the actual and necessary cost to decommission the wind energy system that are prepared by third parties agreeable to the owner and the political subdivision.
Require an owner to establish financial assurance that places the political subdivision in a secured position, and that any secured funds may only be used for decommissioning the wind energy system until either the political subdivision determines that the wind energy system has been decommissioned under sub. (5) (b), or until the political subdivision has otherwise approved the release of the secured funds, whichever is earlier.
Require an owner to establish financial assurance that allows the political subdivision to access funds for the purpose of decommissioning the wind energy system if the owner does not decommission the wind energy system when decommissioning is required.

(d) If a political subdivision requires an owner to provide cost estimates under par. (c) 1., a political subdivision may not require the amount of the financial assurance to exceed the average of the cost estimates provided.

(e) A political subdivision may condition its approval of a wind energy system on the owner’s compliance with pars. (b) and (c).

(f) During the useful life of a wind energy system, the political subdivision may periodically request information from the owner regarding the industry costs for decommissioning the wind energy system. If a political subdivision finds that the future anticipated cost to decommission the wind energy system is at least 10 percent more or less than the amount of financial assurance previously provided under par. (b), the political subdivision may correspondingly increase or decrease the amount of financial assurance required for the wind energy system. A political subdivision may not adjust the financial assurance under this paragraph more often than once in a 5-year period.

(g) A political subdivision may require an owner to submit to the political subdivision a substitute financial assurance of the owner’s choosing under par. (b) if an event occurs that raises material concerns regarding the viability of the existing financial assurance.

(4) Site restoration.

(a) Except as provided in par. (b), if a wind energy system was constructed on land owned by a person other than the owner of the wind energy system, the owner of the wind energy system shall ensure that the property is restored to preconstruction condition, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.

(b) If a wind energy system was constructed on a brownfield, as defined in s. 238.13 (1) (a), Stats., the owner shall restore the property to eliminate effects caused by the wind energy system, except for the effects of environmental remediation activities, as defined in s. 238.13 (1) (d), Stats.

(5) Decommissioning completion.

(a) An owner shall file a notice of decommissioning completion with the political subdivision and the commission when a wind energy system approved by the political subdivision has been decommissioned and removed.

(b) Within 360 days of receiving a notice of decommissioning, a political subdivision shall determine whether the owner has satisfied the requirements of subs. (1) (a) and (4).

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2012 No. 684.

Subchapter III Political Subdivision Procedure

Wis. Admin. Code § PSC 128.30 Application and notice requirements {#sec-psc-128.30 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.30}

(1) Application required. An owner shall file an application to construct a wind energy system with all political subdivisions with jurisdiction over the wind energy system.

(2) Contents of an application. An owner shall complete and file with the political subdivision an application that includes all of the following:

(a) Wind energy system description and maps showing the locations of all proposed wind energy facilities.

(b) Technical description of wind turbines and wind turbine sites.

(d) Information regarding anticipated impact of the wind energy system on local infrastructure.

(e) Information regarding noise anticipated to be attributable to the wind energy system.

(f) Information regarding shadow flicker anticipated to be attributable to the wind energy system.

(g) Information regarding the anticipated effects of the wind energy system on existing land uses within 0.5 mile of the wind energy system.

(h) Information regarding the anticipated effects of the wind energy system on airports and airspace.

(i) Information regarding the anticipated effects of the wind energy system on line-of-sight communications.

(j) A list of all state and federal permits required to construct and operate the wind energy system.

(k) Information regarding the planned use and modification of roads within the political subdivision during the construction, operation, and decommissioning of the wind energy system, including a process for assessing road damage caused by wind energy system activities and for conducting road repairs at the owner’s expense.

(L) A copy of all emergency plans developed in collaboration with appropriate first responders under s. PSC 128.18 (4) (b). An owner may file plans using confidential filing procedures as necessary.

(m) A decommissioning and site restoration plan providing reasonable assurances that the owner will be able to comply with s. PSC 128.19.

(n) A representative copy of all notices issued under sub. (5) and ss. PSC 128.105 (1) (a) and 128.42 (1).

(p) Any other information necessary to understand the construction, operation or decommissioning of the proposed wind energy system.

(3) Accuracy of information. The owner shall ensure that information contained in an application is accurate.

(4) Duplicate copies. A political subdivision may specify a reasonable number of copies to be filed. Each copy shall include all worksheets, maps, and other attachments included in the application. A political subdivision may permit an owner to file an application electronically.

(5) Notice to property owners and residents.

(a) On the same day an owner files an application for a wind energy system, the owner shall, under s. 66.0401 (4) (a) 3., Stats., use commercially reasonable methods to provide written notice of the filing of the application to property owners and residents located within one mile of the proposed location of any wind energy system facility. The notification shall include all of the following:

A complete description of the wind energy system, including the number and size of the wind turbines.
A map showing the locations of all proposed wind energy system facilities.
The proposed timeline for construction and operation of the wind energy system.
Locations where the application is available for public review.
Owner contact information.

(b) After a political subdivision receives an application for a wind energy system, the notice required to be published by the political subdivision under s. 66.0401 (4) (a) 1., Stats., shall include a brief description of the proposed wind energy system and its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments to the political subdivision, and the approximate schedule for review of the application by the political subdivision.

(6) Public participation.

(a) A political subdivision shall make an application for a wind energy system available for public review at a local library and at the political subdivision’s business office or some other publicly-accessible location. A political subdivision may also provide public access to the application electronically.

(b) A political subdivision shall establish a process for accepting and considering written public comments on an application for a wind energy system.

(c) A political subdivision shall hold at least one public meeting to obtain comments on and to inform the public about a proposed wind energy system.

(7) Joint application review process.

(a) If the wind energy system is proposed to be located in more than one political subdivision with jurisdiction over the wind energy system, the political subdivisions involved may conduct a joint application review process on their own motion or upon request. If an owner requests a joint application review, the owner shall include the request in its notice of intent to file an application with the political subdivision under s. PSC 128.105 (1). If the owner requests a joint application review process, the political subdivisions involved shall approve or deny this request within 60 days of receipt of the owner’s notice of intent to file an application.

(b) Except as provided in s. 66.0401 (4) (a) 2., Stats., if political subdivisions elect to conduct a joint application review process, the process shall be consistent with this chapter and the political subdivisions shall establish the process within 90 days of the date the political subdivisions receive the owner’s notice of intent to file an application. A political subdivision may follow the review process of another political subdivision for purposes of conducting a joint application review process concurrently with the other political subdivision. If a joint application review process is adopted, the owner shall file the joint-review process application with all of the political subdivisions participating in the joint review process.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.31 Application completeness {#sec-psc-128.31 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.31}

(1) Complete applications.

(a) An application is complete if it meets the filing requirements under ss. PSC 128.30 (2) and 128.50 (1).

(b) The political subdivision shall determine the completeness of an application, and shall notify the owner in writing of the completeness determination, no later than 45 days after the day the application is filed. An application is considered filed the day the owner notifies the political subdivision in writing that all the application materials have been filed. If a political subdivision determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.

(c) An owner may file a supplement to an application that the political subdivision has determined to be incomplete. There is no limit to the number of times that an owner may re-file an application. For incomplete applications, the owner shall provide additional information as specified in the notice under par. (b).

(d) An additional 45-day completeness review period shall begin the day after the political subdivision receives responses to all items identified in the notice under par. (b).

(e) If a political subdivision does not make a completeness determination within the applicable review period, the application is considered to be complete.

(2) Requests for additional information. A political subdivision may request additional information necessary to understand the wind energy system after determining that an application is complete. An owner shall provide additional information in response to all reasonable requests. An owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.32 Political subdivision review of a wind energy system {#sec-psc-128.32 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.32}

(1) Approval by political subdivision. Except as provided in s. PSC 128.02 (1), a political subdivision may require an owner to obtain approval from the political subdivision before constructing any of the following:

(a) A wind energy system.

(b) An expansion of an existing or previously-approved wind energy system.

(2) Standard for approval.

(a) A political subdivision may not unreasonably deny an application for a wind energy system or impose unreasonable conditions.

(b) For a political subdivision that does not have in effect an ordinance as described in s. PSC 128.03 and s. 66.0401 (4) (g), Stats., an application submitted under s. PSC 128.30 (1) shall be considered automatically approved if any of the following occur:

The political subdivision does not enact an ordinance before the first day of the 4th month after the political subdivision receives the application.
The political subdivision notifies the applicant in writing that it does not intend to enact an ordinance, as described in s. 66.0401 (4) (a) 2., Stats.

(3) Written decision.

(a) A political subdivision shall issue a written decision to grant or deny an application for a wind energy system. The written decision shall include findings of fact supported by evidence in the record. If an application is denied, the decision shall specify the reason for the denial. A political subdivision may make its approval subject to the conditions in s. PSC 128.33.

(b)

A political subdivision shall provide its written decision to the owner and to the commission. If a political subdivision approves an application for a wind energy system, the political subdivision shall provide the owner with a duplicate original of the decision.
The owner shall record the duplicate original of a decision approving an application with the register of deeds for the county in which the wind energy system is located.

(4) Effect of ownership change on approval. Approval by a political subdivision of a wind energy system remains in effect if there is a change in the owner of the wind energy system. A political subdivision may require an owner to provide timely notice of any change in the owner of the wind energy system.

(5) Fees.

(a) A political subdivision may charge an owner a reasonable application fee or require an owner to reimburse the political subdivision for reasonable expenses relating to the review and processing of an application for a wind energy system.

(b) A political subdivision’s fee or reimbursement requirement under par. (a) shall be based on the actual and necessary cost of the review of the wind energy system application, and may include the cost of services necessary to review an application that are provided by outside engineers, attorneys, planners, environmental specialists, and other consultants or experts. The political subdivision may by ordinance set standardized application fees based on the size and complexity of a proposed wind energy system.

(c) A political subdivision may require an owner of a wind energy system to submit up to 50 percent of the total estimated amount of the fee or reimbursement for the wind energy system application under par. (a) before issuing a written decision under sub. (3) (a), if the political subdivision gives written notice to the owner of its intent to do so within 10 days of the date the application is deemed complete and the notice contains an estimate of the amount of the fee and the relevant reimbursement requirements.

(d) A political subdivision may not charge an owner an annual fee or other recurring fees to operate or maintain a wind energy system.

Note: See also s. 66.0628 (2), Stats., which requires any fee imposed by a political subdivision to bear a reasonable relationship to the service for which the fee is imposed.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.33 Political subdivision permitted provisions {#sec-psc-128.33 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.33}

A political subdivision may do any of the following in an ordinance or establish any of the following as a condition for approval of an application to construct a wind energy system:

(1) Information. Require information about whether an owner has consulted with and received any non-binding recommendations for constructing, operating or decommissioning the wind energy system from a state or federal agency, and whether the owner has incorporated such non-binding recommendations into the design of the wind energy system.

(2) Studies. Require an owner to cooperate with any study of the effects of wind energy systems coordinated by a state agency.

(3) Monetary compensation. Require an owner of a wind energy system to offer an agreement that includes annual monetary compensation to the owner of a nonparticipating residence, if the residence is located within 0.5 mile of a constructed wind turbine. For one turbine located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $600. For two turbines located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $800. For three or more turbines located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $1,000. The initial annual monetary compensation under this subsection shall apply to agreements entered into in 2011. For agreements entered into in 2012 and thereafter, the initial annual amounts shall increase each year by the greater of two percent or the increase in the Consumer Price Index, as described in s. 196.374 (5) (bm) 2. b., Stats., from the previous year. An agreement offered under this subsection shall specify in writing any waiver of a requirement or right under this chapter and whether the landowner’s acceptance of payment establishes the landowner’s property as a participating property under this chapter.

(3m) Aerial spraying. Require an owner of a wind energy system to offer an agreement that includes monetary compensation to a farm operator farming on a nonparticipating property located within 0.5 mile of a constructed wind turbine if the farm operator demonstrates all of the following:

(a) Substantial evidence of a history, before the wind energy system owner gives notice under s. PSC 128.105 (1), of using aerial spraying for pest control or disease prevention for growing potatoes, peas, snap beans or sweet corn on all or part of a farm field located within 0.5 mile of a constructed wind turbine.

(b) A material reduction in potato, pea, snap bean or sweet corn production or a material increase in application costs on all or part of a farm field located within 0.5 mile of a constructed wind turbine as a result of the wind energy system’s effect on aerial spraying practices.

(4) Permits. Require the owner to submit to the political subdivision copies of all necessary state and federal permits and approvals.

(5) Annual reports. Require the owner to file an annual report with the political subdivision documenting the operation and maintenance of the wind energy system during the previous calendar year.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.34 Record of decision {#sec-psc-128.34 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.34}

(1) Recordkeeping.

(a) A political subdivision shall keep a complete written record of its decision-making relating to an application for a wind energy system.

(b) If a political subdivision denies an application, the political subdivision shall keep the record for at least 7 years following the year in which it issues the decision.

(c) If a political subdivision approves an application, the political subdivision shall keep the record for at least 7 years after the year in which the wind energy system is decommissioned.

(2) Record contents. The record of a decision shall include all of the following:

(a) The approved application and all additions or amendments to the application.

(b) A representative copy of all notices issued under ss. PSC 128.105 (1) (a), 128.30 (5), and 128.42 (1).

(d) A record of any public meeting under s. PSC 128.30 (6) (c) and any hearing related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.

(e) Copies of any correspondence or evidentiary material that the political subdivision considered in relation to the application, including copies of all written public comments filed under s. PSC 128.30 (6) (b).

(f) Minutes of any political subdivision, board, council or committee meetings held to consider or act on the application.

(g) A copy of the written decision under s. PSC 128.32 (3) (a).

(h) Other materials that the political subdivision prepared to document its decision-making process.

(i) A copy of any political subdivision ordinance cited in or applicable to the decision.

(3) Post-construction filing requirement. Within 90 days of the date a wind energy system commences operation, the owner shall file with the political subdivision and the commission an as-built description of the wind energy system, an accurate map of the wind energy system showing the location of all wind energy system facilities, geographic information system information showing the location of all wind energy system facilities and current information identifying the owner of the wind energy system. An owner shall in the filings under this subsection label each wind turbine location with a unique identifier consistent with the information posted at the wind turbine location under s. PSC 128.18 (1) (g).

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.35 Modifications to an approved wind energy system {#sec-psc-128.35 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.35}

(1) Material change.

(a) An owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the political subdivision that authorized the wind energy system, unless the political subdivision automatically approves the material change by taking either of the steps specified in s. PSC 128.32 (2) (b) 1. or 2.

(b) An owner shall submit an application for a material change to an approved wind energy system to the political subdivision that authorized the wind energy system.

(2) Review limited.

(a) A political subdivision that receives an application for a material change to a wind energy system under sub. (1) (b) may not reopen the merits of the earlier approval but shall consider only those issues relevant to the proposed change.

(b) An application for a material change is subject to ss. PSC 128.30 (1), (3) to (5), (6) (a) and (b), and (7) and 128.31 to 128.34.

(d) A political subdivision may hold at least one public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.36 Monitoring compliance {#sec-psc-128.36 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.36}

(1) Monitoring procedure. A political subdivision may establish a procedure to monitor compliance by the owner with any condition on an approved wind energy system or to assess when wind energy system facilities are not maintained in good repair and operating condition. The procedure may include timelines, provide for payment of reasonable fees for conducting an assessment, and provide for notification to the public.

(2) Third-party inspector during construction. A political subdivision may require an owner to pay a reasonable fee for a third-party inspector to monitor and report to the political subdivision regarding the owner’s compliance with permit requirements during construction. An inspector monitoring compliance under this subsection shall also report to a state permitting authority upon the state permitting authority’s request.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Subchapter IV Complaints

Wis. Admin. Code § PSC 128.40 Complaint process {#sec-psc-128.40 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.40}

(1) Making a complaint.

(a) An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this chapter or an ordinance adopted under this chapter.

(b) A complaint under par. (a) shall be made first to the owner of the wind energy system pursuant to a complaint resolution process developed by the owner.

(c) A complainant may petition the political subdivision for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.

(d) A political subdivision’s decision under par. (c) is subject to review under s. 66.0401 (5), Stats.

(2) Complaint resolution.

(a) An owner shall use reasonable efforts to resolve complaints regarding a wind energy system and shall investigate complaints regarding a wind energy system at the owner’s expense.

(b) Upon receipt of a complaint, an owner shall provide the complainant with a copy of the notice described in s. PSC 128.42 (1). Within 30 days of receiving a complaint, an owner shall provide an initial response to the complainant.

(c) An owner shall make a good faith effort to resolve complaints within 45 days of receiving a complaint. An owner shall notify a political subdivision of complaints that have not been resolved within 45 days of the date the owner received the original complaint.

(d) An owner shall maintain a log of all complaints received regarding the wind energy system. The owner shall include in the log the name and address of each complainant, the nature of each complaint, and the steps taken to resolve each complaint. An owner shall provide a copy of a complaint log monthly, at no cost, either to a monitoring committee established under s. PSC 128.41 or, if a monitoring committee has not been established, to the political subdivision. An owner shall make any complaint log available to the commission upon request.

(e) An owner shall develop a complaint resolution process that is consistent with this subsection.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.41 Monitoring committee {#sec-psc-128.41 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.41}

(1) Committee. Except as provided in sub. (3), a political subdivision may establish a monitoring committee to oversee resolution of complaints regarding a wind energy system. A monitoring committee shall include on the committee a member who is a local employee of an owner of a wind energy system and, if in existence, at least one nonparticipating landowner residing in the political subdivision within 0.5 mile of a wind turbine that is located in the political subdivision.

(2) Duties. A monitoring committee established under sub. (1) may do any of the following:

(a) Maintain a record of all complaints brought to it.

(b) Require the owner to provide the committee with information regarding the owner’s response to any complaint forwarded to the owner by the committee.

(c) Recommend to the political subdivision a reasonable resolution to a complaint based upon the information gathered by the committee.

(3) Multiple jurisdictions. If a wind energy system is located in more than one political subdivision with jurisdiction over the wind energy system and multiple political subdivisions decide to establish a monitoring committee, the political subdivisions shall jointly establish a single monitoring committee to oversee resolution of complaints regarding the wind energy system.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.42 Notice to property owners and residents {#sec-psc-128.42 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.42}

(1) Notice of process for making complaints. Before construction of a wind energy system begins, an owner shall provide written notice of the process for making complaints and obtaining mitigation measures to all residents and landowners within 0.5 mile of any wind energy system facility. An owner shall include in the notice the requirements under s. PSC 128.40 (1) for submitting a complaint to the owner, a petition for review to the political subdivision, and an appeal to the commission, and shall include a contact person and telephone number for the owner for receipt of complaints or concerns during construction, operation, maintenance and decommissioning.

(2) Notice to political subdivision. An owner shall provide a copy of the notice under sub. (1) to any political subdivision with jurisdiction over the wind energy system, and the owner shall keep the contact person and telephone number current and on file with the political subdivision.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Subchapter V Commission Procedure

Wis. Admin. Code § PSC 128.50 Standards established by the commission {#sec-psc-128.50 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.50}

(1) Detailed application filing requirements. The commission shall establish detailed application filing requirements for applications filed for political subdivision review of a wind energy system, which shall contain a detailed description of the information required to satisfy the filing requirements for applications under s. PSC 128.30 (2). The commission may revise these requirements as necessary. The commission shall make the filing requirements available to the public on the commission’s website.

(2) Commission protocols.

(a) The commission may periodically create and revise measurement, compliance, and testing protocols as needed to provide standards for evaluating compliance with this chapter. These protocols may be created and revised to reflect current industry practice, changes in the state of the art, and implementation of new technologies. The commission may make protocols under this subsection available to the public on the commission’s website.

(b) The commission may establish protocols in any of the following areas:

Noise measurement, compliance and mitigation.
Stray voltage testing and remediation.
Shadow flicker compliance and mitigation.
Communications interference testing and mitigation.
Other areas where protocols are appropriate.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Wis. Admin. Code § PSC 128.51 Commission review {#sec-psc-128.51 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.51}

(1) Appeals to the commission. An appeal under s. 66.0401 (5) (b), Stats., shall be treated as a petition to open a docket under s. PSC 2.07, except the time provisions of that section do not apply.

(2) Petitioner filing requirements. An aggrieved person under s. 66.0401 (5) (a), Stats., may file a petition with the commission. The petition shall be submitted to the commission in writing or filed using the commission’s electronic filing system and shall contain all of the following:

(a) The petitioner’s name, address, and telephone number.

(b) The name, address, and telephone number of the political subdivision that is the subject of the petition.

(d) A description of the petitioner’s relationship to the wind energy system.

(e) The information specified in s. PSC 2.07 (2).

(3) Political subdivision filing requirements.

(a) A political subdivision shall file a certified copy of the information required under s. 66.0401 (5) (c), Stats., using the commission’s electronic regulatory filing system.

(b) The commission may require the political subdivision to file up to 5 paper copies of the record upon which it based its decision.

(4) Service and notice.

(a) An owner submitting a petition under sub. (2) (intro.) shall serve a copy of the petition on the political subdivision and on any other person specified in s. PSC 2.07 (3).

(b) Any person other than an owner submitting a petition under sub. (2) (intro.) shall serve a copy of the petition on the owner, the political subdivision, and any other person specified in s. PSC 2.07 (3).

(c) A political subdivision that is subject to a petition under sub. (2) shall make a copy of the petition available for public inspection and, in the manner in which it is required to publish notice of a public meeting, publish notice of that petition.

(5) Commission hearing discretionary. The commission may review a petition under this section with or without a hearing.

(6) Environmental analysis. A docket opened to review a petition under this section is a Type III action under s. PSC 4.10 (3).

(7) Remand to political subdivision.

(a) Except as provided in par. (b), if the commission remands any issue to the political subdivision, the political subdivision’s review on remand shall be completed in a time frame established by the commission in its remand order.

(b) If the commission determines that a political subdivision has not yet reviewed an application that is complete, and the commission remands the application to the political subdivision for review, the political subdivision’s review shall be completed within the time frame provided for reviewing a complete application under this chapter and s. 66.0401 (4) (d) and (e), Stats., beginning with the day after the day on which the commission issues its remand order.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Subchapter VI Small Wind Energy Systems

Wis. Admin. Code § PSC 128.60 Exemptions from this chapter {#sec-psc-128.60 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.60}

All of the provisions in this chapter apply to a small wind energy system except ss. PSC 128.14 (4) (d), 128.15 (1) (c), (3) (b) to (e), and (5), 128.16 (2) to (4), 128.18 (1) (g), (2) (b) and (c), (3) (am), (b) and (c), and (4) (b) to (f), 128.19 (1) (c) to (e), (3), and (4), 128.30 (2) (L) and (m), 128.33 (1) to (3m) and (5), 128.34 (3), 128.36, 128.40 (2) (b) to (e), 128.41, and 128.42.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.

Wis. Admin. Code § PSC 128.61 Modifications to this chapter {#sec-psc-128.61 omnilex-key=us-wi-regs-official--agency-psc--PSC 128.61}

The following provisions in this chapter are modified to apply to a small wind energy system as follows:

(1) Notice. Under s. PSC 128.105 (1), the notice shall be filed at least 60 days before an owner files an application to construct a small wind energy system and the notice shall be provided only to adjacent landowners and the political subdivisions with jurisdiction over the small wind energy system.

(2) Land use. Section PSC 128.12 (1) applies only to existing land uses and enterprises that are located on adjacent nonparticipating properties.

(3) Setback distances. In s. PSC 128.13 (1):

(a) Table 1 is replaced with Table 2.

(b) The owner of an adjacent nonparticipating residence or adjacent occupied community building may waive the applicable turbine setback distances in Table 2.

(4) Noise. Under s. PSC 128.14 (6) (b), an owner shall provide notice of the requirements of s. PSC 128.14 only to each adjacent nonparticipating residence or occupied community building before the initial operation of the small wind energy system.

(5) Useful life. Under s. PSC 128.19 (1), a small wind energy system is presumed to be at the end of its useful life if it generates no electricity for a continuous 540-day period.

(6) Effects on land uses. Under s. PSC 128.30 (2) (g), the information regarding the anticipated effects of the small wind energy system on existing land uses shall only be for parcels adjacent to the wind energy system.

(7) Application notice. Under s. PSC 128.30 (5) (a), written notice of the filing of the application shall be provided only to property owners and residents located adjacent to the small wind energy system.

(8) Meetings. Under s. PSC 128.30 (6) (c), a political subdivision may hold at least one public meeting to obtain comments on and to inform the public about a proposed small wind energy system.

History

CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

Chapter PSC 130 MUNICIPAL REGULATION OF MUNICIPAL RIGHTS-OF-WAY

Wis. Admin. Code § PSC 130.01 Definitions {#sec-psc-130.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.01}

In this chapter:

(1) “Actual cost” means identifiable costs that are reasonably incurred by a municipality, but does not include a contribution of surplus income to general revenues.

(2) “Municipal regulation” includes any ordinance or resolution adopted by the governing body of a municipality relating to utility use of municipal rights-of-way or any contract entered into by a municipality and a utility relating to utility use of municipal rights-of-way.

(3) “Municipal right-of-way” means a right-of-way owned or controlled by a municipality.

(4) “Municipality” means a city, village, or town.

(5) “Transmission and distribution facilities” includes any utility pipe, pipeline, wire, cable, duct, conduit, fiber optics or radio signal transmission equipment, and associated utility plant and equipment, whether underground or above ground, in a municipal right-of-way.

(6) “Utility” means a public utility, as defined in s. 196.01 (5), Stats., and includes a telecommunications carrier, as defined in s. 196.01 (8m), Stats.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.02 Scope {#sec-psc-130.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.02}

This chapter applies to complaints involving utility access to and use of municipal rights-of-way within a municipality under ss. 196.499 (14) and 196.58 (4), Stats.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.03 Special design and construction conditions {#sec-psc-130.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.03}

(1) Except as provided in sub. (2), a municipal regulation that requires a utility to install, at the utility’s expense, transmission or distribution facilities which are not consistent with the utility’s practice for design or construction of utility facilities is unreasonable unless there is an adequate health, safety, or public welfare justification for the requirement. Aesthetics alone is not an adequate basis to justify a requirement to install facilities underground.

(2) Subsection (1) does not apply if all of the following conditions are met:

(a) The municipality or a third party agrees to reimburse the utility for the difference in cost between the standard design or construction techniques of the utility and any special design or construction requirement sought by the municipality.

(b) The special design or construction requirement is consistent with safe and reliable utility construction practices.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.04 Discrimination {#sec-psc-130.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.04}

Unless there is an adequate health, safety, or public welfare justification, it is unreasonable for a municipality to deny a utility access to a municipal right-of-way or to discriminate between utilities seeking access to municipal rights-of-way.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.05 Management function costs {#sec-psc-130.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.05}

(1) A municipal regulation is unreasonable if it requires a utility to pay more than the actual cost of functions undertaken by the municipality to manage utility access to and use of municipal rights-of-way. These management functions include all of the following:

(a) Registering utilities, including the gathering and recording of information necessary to conduct business with a utility.

(b) Except as provided in sub. (2), issuing, processing, and verifying excavation or other utility permit applications, including supplemental applications.

(d) Maintaining, supporting, protecting, or moving utility equipment during work in municipal rights-of-way.

(e) Undertaking restoration work inadequately performed by a utility after providing notice and the opportunity to correct the work.

(f) Revoking utility permits.

(g) Maintenance of databases.

(h) Scheduling and coordinating highway, street, and right-of-way work relevant to a utility permit.

(2) A municipal regulation is unreasonable if it requires a utility to be responsible for fees under s. 182.0175 (1m) (bm), Stats., that may be assessed to a municipality as a member of the one-call system under s. 182.0175, Stats.

(3) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under sub. (1) (a), (b), (c), and (g) through a pre-excavation permit fee.

(4) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under sub. (1) (d), (e), and (f) only from the utility that is responsible for causing the municipality to incur the costs.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.06 Bonds and insurance {#sec-psc-130.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.06}

A municipal regulation may impose reasonable bonding and insurance requirements on a utility seeking a permit to use a municipal right-of-way, provided the municipality has reasonable grounds to question the financial responsibility or compliance ability of the utility.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.07 Restoration {#sec-psc-130.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.07}

A municipal regulation is unreasonable if it requires a utility to restore a municipal right-of-way to a condition that improves upon the pre-excavation condition.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.08 Compliance with existing law {#sec-psc-130.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.08}

A municipal regulation is unreasonable if it is not in substantial compliance with state statutes, including ss. 66.0831 and 66.1005 (2), Stats.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 130.09 Permanent relocation of utility facilities {#sec-psc-130.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.09}

(1) A municipal regulation that requires a utility to permanently relocate transmission or distribution facilities in a municipal right-of-way at the expense of the utility is unreasonable unless there is an adequate health, safety, or public welfare justification for the requirement.

(2) A municipal regulation that requires a utility to permanently relocate transmission or distribution facilities in a municipal right-of-way at the expense of the utility substantially for the benefit of a person other than the municipality is unreasonable.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.10 Advanced excavation work plans {#sec-psc-130.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.10}

A municipal regulation that requires a utility to submit to a municipality its future construction or excavation work plans is reasonable in order for the municipality to coordinate work within a municipal right-of-way. It is unreasonable for a municipality to deny a permit for a utility excavation not identified on a work plan if the excavation is needed by the utility to restore service to an existing customer or to provide service to a new customer.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.11 Facilities mapping {#sec-psc-130.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.11}

For purposes of acquiring a permit, a municipal regulation is unreasonable if it requires a utility to submit a map indicating the location of utility facilities, other than utility right-of-way construction plans and field sketches in the format maintained by the utility, for facilities that are the subject of the permit.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.12 Abandonment {#sec-psc-130.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.12}

A municipal regulation is not unreasonable if it requires a utility to notify the municipality of the utility’s intent to abandon transmission or distribution facilities and requires the utility to provide a map, at the utility’s expense, depicting the location of any facility within that municipality that the utility intends to abandon.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § PSC 130.13 Municipal regulation challenges {#sec-psc-130.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 130.13}

A municipal regulation is unreasonable if it requires that, as a condition of obtaining a permit, the utility agree that the municipal regulation is valid and not subject to challenge.

History

CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

Chapter PSC 132 COMPENSATION AND CONDITIONS FOR PUBLIC UTILITY FACILITIES WITHIN RAILROAD RIGHT-OF-WAY

Wis. Admin. Code § PSC 132.01 Purpose {#sec-psc-132.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.01}

(1) The purpose of this chapter is to set forth the compensation to be paid and conditions to be met by a public utility for the construction of new facilities or the maintenance of existing facilities within a railroad right-of-way in cases where the utility and railroad cannot agree.

(2) These rules shall be applicable to all future facilities and, except as provided in s. PSC 132.03 (1), shall be applicable to all existing facilities if agreements concerning existing facilities do not exist, expire, or are terminated.

(3) These rules shall be applicable to public utility facilities constructed within railroad right-of-way, whether on public or private property.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § PSC 132.02 Definitions {#sec-psc-132.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.02}

In this chapter:

(1) “Commission” means the public service commission.

(2) “Facilities” means cables, conduits, wires, pipes and structures used by a public utility to transmit utility service.

(3) “Public utility” has the meaning given in s. 196.01 (5), Stats., and includes a “telecommunications provider,” as defined in s. 196.01 (8p), Stats., a “cable operator,” as defined in s. 66.0419 (2) (b), Stats., and a “sewerage system operator” as defined in s. 196.04 (4) (a) 2., Stats.

Note: Section 66.0419 (2) (b), Stats., was repealed by 2007 Wis. Act 42.

(4) “Railroad” has the meaning given in s. 195.02, Stats.

(5) “Within” means across, intersecting, on, over, perpendicular to, or under.

Note: The definition of the term “within” does not include facilities “along” or “parallel to” railroad right-of-way.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; am. (3), Register, July, 1999, No. 523, eff. 8-1-99; am. (3), Register, February, 2001, No. 542, eff. 3-1-01.

Wis. Admin. Code § PSC 132.03 Compensation {#sec-psc-132.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.03}

(1)

(a) Unless otherwise agreed to by the parties and subject to sub. (2), a public utility which locates its facilities within the right-of-way of a railroad shall compensate the railroad $500 for each crossing. The payment shall be a one- time payment, in lieu of any license fees, to reimburse the railroad for expenses incurred by the railroad as a result of the construction of the facilities and, in the case of a private crossing, to compensate the railroad for the locating of the facilities within the right-of-way.

(b) Unless otherwise agreed to by the parties, the one-time payment under par. (a) does not apply to public utility facilities located within a railroad right-of-way on the effective date of this paragraph February 1, 1996.

(2)

(a) In this subsection:

“Direct expenses” does not include a contribution to profit but may include any of the following:

a. The cost of inspecting the crossing site before, during or after construction.

b. Administrative costs, such as the costs of entering the new crossing on the railroad’s books, maps and property records.

c. The cost of flagging during construction.

d. Any other costs incurred due to actual construction.

“Special circumstances” means unique characteristics of a parcel of property which enhance its value above that of a typical parcel of railroad right-of-way. “Special circumstances” may include the parcel’s relationship to other property, the existence of unique topography or natural resources or other unusual characteristics.

(b) A railroad may petition the commission for compensation greater than the amount under sub. (1) if the railroad and the public utility cannot agree on compensation and the railroad incurs extraordinary direct expenses as a result of the construction of the facilities or believes that special circumstances exist. If a petition is filed, the commission shall determine whether extraordinary direct expenses are incurred or whether special circumstances exist and the amount of compensation to be paid to the railroad.

(3) If grade crossing markings or signs are damaged during construction, the party responsible for the damage shall pay the replacement costs, unless otherwise agreed to by the parties.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § PSC 132.04 Casing {#sec-psc-132.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.04}

A railroad may not require a gas public utility to encase any steel pipeline facilities installed within the railroad’s right-of-way. A gas public utility shall determine whether and how its facilities should be cased and shall comply with all applicable state and federal pipeline safety rules and regulations.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § PSC 132.05 Insurance {#sec-psc-132.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.05}

Unless otherwise agreed to by the parties:

(1) A railroad and a public utility shall each determine for itself the amount and scope of insurance it shall carry to cover risks associated with the property of the railroad or the facilities of the utility within a railroad right-of-way.

(2) A railroad and a public utility shall indemnify the other for damages resulting from its own negligence related to the presence of utility facilities within the railroad right-of- way.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § PSC 132.06 Notification of construction; emergencies; repair and maintenance {#sec-psc-132.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.06}

(1) Unless otherwise agreed to by the parties, a railroad or public utility shall, at its own expense, notify the other of emergencies, planned repair and construction or similar operations within a railroad right-of-way if the operation may affect the other. Except for emergencies, initial notification of intent to construct shall be made not less than 21 days before construction and notification of actual construction shall be made not less than 3 working days before construction begins.

(2) Unless otherwise agreed to by the parties, a railroad or public utility shall establish, at its own expense, a mechanism for receiving notification of emergencies 24 hours per day, 7 days per week. For every public utility facility located within a railroad right-of-way, each shall inform the other of an emergency telephone number, the name of a person responsible for processing the notification and any other information necessary for dealing with an emergency situation.

(3) Unless otherwise agreed to by the parties, a railroad or public utility shall each repair and maintain its own property or facilities located within a railroad right-of-way and may not perform regular or emergency maintenance or repair of the other’s property or facilities.

(4) Unless otherwise agreed to by the parties, a public utility shall relocate its facilities within a railroad right-of-way if the relocation is reasonably necessary for railroad operations. The relocation expenses shall be paid by the utility unless the facilities to be relocated serve only the railroad.

(5) In meeting notification and response responsibilities under this section, a railroad or public utility shall comply with ss. 66.0831 and 182.0175, Stats., applicable federal law, and orders and rules of the commission.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 132.07 Emergencies, reimbursement {#sec-psc-132.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.07}

Unless otherwise agreed to by the parties:

(1) A railroad or public utility shall reimburse the other for expenses reasonably incurred which result from emergencies caused by the property or facilities of each that is located within the railroad right-of-way.

(2) A railroad or public utility shall reimburse the other for reasonable miscellaneous expenses incurred by one party at the other’s request.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § PSC 132.08 Physical description of facilities {#sec-psc-132.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.08}

(1) Upon placement of new facilities, a public utility shall, at its own expense, provide a railroad with a physical description of those new facilities located within the railroad’s right of way. The description shall include the installed location and depth of any underground facilities.

(2) A public utility or railroad shall provide the other with a physical description of any alterations or additions to its property or facilities located within the railroad right-of-way in the area of the utility’s facilities.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § PSC 132.09 Removal of facilities {#sec-psc-132.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.09}

Public utility facilities may remain in a railroad right-of-way unless the commission approves abandonment of the facilities and orders the abandoned facilities to be removed.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § PSC 132.10 Disputes {#sec-psc-132.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 132.10}

(1) Unless otherwise agreed to by the parties:

(a) A railroad may not refuse to permit a public utility to construct facilities within a right-of-way solely because of a dispute between the parties concerning compensation for or conditions to the right of placing the facilities within the railroad right-of-way.

(b) Subject to sub. (2), a public utility may proceed with construction while the dispute is resolved under s. PSC 132.03 (2), s. 196.04 (4), Stats., or another method mutually selected by the parties.

(2) If a public utility constructs facilities within a railroad right-of-way while a dispute is pending and, after notice and hearing, the commission determines that the facilities are located in an unreasonable location or constructed in an unsafe manner, the commission may order the public utility to remove or modify the facilities at the utility’s expense.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Chapter PSC 133 CONSTRUCTION, INSTALLATION, AND PLACING IN OPERATION OF FACILITIES BY GAS UTILITIES

Wis. Admin. Code § PSC 133.01 General {#sec-psc-133.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.01}

(1) Purpose and scope.

(a) This chapter implements s. 196.49, Stats.

(b) This chapter applies to all gas public utilities.

(c) Nothing in this chapter precludes the commission from giving individual consideration to exceptional or unusual situations or, upon investigation of the facts and circumstances involved, adopting requirements as to an individual gas public utility or service which may be lesser, greater, other than, or different from those provided in this chapter.

(2) Emergency action. In case of emergency, where public interest requires immediate action without waiting for compliance with the specific terms of this chapter, immediate corrective action may be taken by a gas public utility. This action shall be subject to review by the commission.

(3) Enforcement. This chapter shall be enforced in the manner prescribed in ss. 196.49 (6) and 196.66, Stats., and by other means as provided in statutory sections administered by the commission.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; CR 06-046: r. (1) Register April 2007 No. 616, eff. 5-1-07; CR 07-020: r. (2) to (4), cr. (1) and (3), renum. (5) to be (2) and am. Register October 2007, No. 622, eff. 11-1-07.

Wis. Admin. Code § PSC 133.02 Definitions {#sec-psc-133.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.02}

In this chapter:

(1) “Annexation” means the transfer of territory from one municipality to another by any means authorized by law, including annexations, detachments, attachments, and boundary agreements.

(2) “Certificate of authority” means a certificate issued by the commission under s. 196.49, Stats.

(3) “Commission” means the public service commission.

(4) “Department” means the department of natural resources.

(5) “Gas” means any gas or mixtures of gases suitable for domestic or industrial fuel that is transmitted or distributed to the public through a gas pipeline system, including natural gas, manufactured gas, and liquefied petroleum gas distributed as a vapor with or without mixture of air.

(6) “Gas pipeline” means any conduit for the conveyance of gas.

(7) “Highway” has the meaning given in s. 990.01 (12), Stats.

(8) “Master meter system” means a gas pipeline system for distributing gas within, but not limited to, a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system that supplies the ultimate consumer who either purchases the gas directly through a meter or by other means such as rents.

(9) “Mixing unit” means any apparatus designed to mix gas with air or other gas.

(10) “Municipality” means any town, village or city.

(11) “Plant” means all equipment, property, or facilities includible in the utility plant accounts under the uniform system of accounts prescribed by the commission for gas public utilities.

(12) “Principal gas manufacturing unit” means any plant that is capable of generating or manufacturing gas with or without connection to any auxiliary apparatus.

(13) “Public utility” has the meaning given in s. 196.01 (5), Stats.

(14) “Territorial agreement” means an agreement between 2 or more gas public utilities designating gas service areas within a municipality for each of the signatory utilities.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; CR 07-020: cr. (intro.), (1), (2), (3), (4), (5), (7), (8) and (14), renum. (1), (2), (3), (4) and (5) to be (6), (9), (10), (11) and (12) and am. Register October 2007 No. 622, eff. 11-1-07.

Wis. Admin. Code § PSC 133.03 When commission authorization or notification is required {#sec-psc-133.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.03}

(1) Construction, installation, or use. Except as provided in s. PSC 133.07 (2m), a gas public utility shall obtain a certificate of authority before constructing, installing, or placing in operation any of the following:

(a) Plant for furnishing service in a municipality in which the utility has not been authorized to serve by the commission.

(b) A production, mixing, standby, peak shaving, or storage plant or a principal gas manufacturing or mixing unit or any equipment designed to materially change the rated or nominal output characteristics of such a plant or unit.

(c) Plant installed for use as intrastate pipeline facilities to deliver gas to another gas public utility, an interstate or intrastate gas pipeline company, or a cooperative association.

(d) A new or altered existing plant for the purpose of bringing in a new type of gas or to supply a different type of gas to the public, as described in s. 196.49 (5) (a), Stats.

(e)

A single gas pipeline project and associated plant, or any plant or addition to plant the cost of which exceeds the cost threshold specified in s. 196.49 (5g) (ar), Stats., as revised under subd. 2., except for any of the following:

a. Plant installed in accordance with filed extension rules and rates.

b. Plant installed in compliance with commission orders.

c. Gas pipelines and associated plant ordered to be relocated or modified to accommodate highway or airport construction.

Beginning on May 1, 2014, and on May 1 of each successive even-numbered year thereafter, the commission shall adjust the cost thresholds in s. 196.49 (5g) (ar), Stats., to reflect changes to the cost of gas utility construction based on the applicable industry cost index numbers published in the “Handy-Whitman Index of Public Utility Construction Costs.”
The commission shall notify all gas utilities of the resulting adjusted cost limits by May 15 of each even-numbered year and shall publicize the adjusted cost limits on the commission’s website. If the Handy-Whitman Index is no longer available, an equivalent successor index may be used which is generally recognized by the gas industry and acceptable to the commission.

Note: The commission maintains or has access to the Handy-Whitman Index of Public Utility Construction Costs and this reference or a copy may be reviewed by contacting the commission’s offices.

(f) A gas pipeline or plant in a newly created municipality or newly annexed or consolidated area, unless the utility already owns service facilities in the area and the exclusive right to serve a specified part or area has been established.

(2) Change in gas. Except as provided in par. (b), a gas public utility shall obtain a certificate of authority before doing any of the following:

(a)

Substituting one kind of gas for another, as described in s. 196.49 (5) (a), Stats.
Changing the heating value or specific gravity of the gas normally supplied to customers in excess of variation permitted in s. PSC 134.21.

(b) Paragraph (a) does not apply when a gas public utility uses cylinders of gas in order to keep customers in service temporarily during repairs, replacements, or modifications to the gas distribution system.

(3) Notification required.

(a) Unless a gas public utility is required to obtain a certificate of authority, it shall notify the commission of any of the following projects using the notification procedure in par. (b):

Connection of service to a customer that appears to be a master meter system operator.
Making a new connection to an interstate or intrastate gas pipeline.

(b) A gas public utility desiring to proceed with a project identified under par. (a) shall file a notification with the commission at least 15 days, or as soon as practicable, before it intends to begin construction of the project. The notification shall include a brief description and location of the project.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; renum. (1) (g) to (i) to be (h) to (j) and am. (1) (h) and (i), cr. (1) (g), Register, December, 1984, No. 348, eff. 1-1-85; CR 07-020: cr. (2) (b) and (3), r. and recr. (1) and (2) (intro.), am. (1) (a), r. (1) (b), (e), (g) and (i), renum. (1) (c), (d), (f), (h) and (j) to be (1) (b), (c), (d), (e) and (f) and am., renum. (2) (a) and (d) to be (2) (a) 1. and 2. and am. Register October 2007 No. 622, eff. 11-1-07; CR14-053: renum. (1) (e) to (1) (e) 1. and am. (intro.), cr. (1) (e) 2., 3. Register April 2015 No. 712, eff. 5-1-15; CR 15-003: am. (1) (intro.), (2) (b), (3) (a) (intro.), (b) Register September 2015 No. 717, eff. 10-1-15; correction in (1) (e) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

Wis. Admin. Code § PSC 133.04 Information to be included in an application {#sec-psc-133.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.04}

An application for a certificate of authority shall include all of the following, as applicable:

(1) Plan. A description or plan of the project including:

(a) Operating pressure, pipe size, and material.

(b) Length of the project and the required right–of–way width.

(d) Detailed maps clearly showing the location of the proposed or existing route with the pipe sizes, valve locations, and any proposed or existing regulation facilities and associated equipment or apparatus.

(2) Financing. The estimated cost and proposed method of financing, including an economic analysis of the proposed project.

(3) Purpose. The purpose and necessity of the project with supporting data, including an analysis of the alternatives found in s. 1.12 (4), Stats.

(4) Effect. The effect of the project on cost of operation and on quality, reliability, and quantity of service.

(5) Existing plant. A description and the value of any plant being replaced or retired as a result of the proposed project.

(6) Alternatives. A description of alternatives considered, including alternate routes and any alternative solutions, the associated costs for each alternative, and an explanation of the reasons for selecting the proposed project over the alternatives.

(7) Consistency. An explanation of how the project is consistent with future overall projects.

(8) Other affected facility owners. Identification of, and mailing addresses for, any person with transmission facilities, as defined in s. 182.0175 (1) (c), Stats., affected by the project and a statement as to which, if any, have been notified of the project by the applicant.

(9) Landowners.

(a) Except as provided in par. (b), names and mailing addresses of any landowners from which the applicant would need to acquire property or easements for the project, and a statement as to which, if any, have been notified of the project by the applicant.

(b) Permissions to occupy public road rights-of-way or to install individual customer services do not need to be provided under par. (a).

(10) Government authorizations. A list of authorizations required of other governmental authorities and a statement indicating whether the authorizations have been applied for or obtained.

(11) Environmental information.

(a) For gas pipeline projects limited to construction within road rights-of-way, environmental information, including all of the following:

A map or drawing of the affected part of the existing gas system showing the location of the proposed sites or routes and any alternative sites or routes considered.
The identification of any flood-sensitive facilities that would be located in designated flood plains or flood-prone areas.
The identification and description of each surface water crossing, including all of the following:

a. The location of the crossing.

b. The width of the stream or waterbody at the proposed crossing location.

c. The proposed construction methods for the crossing.

d. Whether the waterway is defined as outstanding resource water or exceptional resource water by the department.

The identification and description of each wetland crossing, including all of the following:

a. The location of the wetland crossing.

b. The length of crossing.

c. The proposed construction methods for the crossing.

d. The wetland type using the Wisconsin Wetland Inventory classification.

e. The wetland type identified by vegetation community type.

f. The presence or absence of invasive species, noting whether they are dominant.

g. Whether any of the wetland is in or adjacent to an area of special natural resource interest as defined by the department.

An evaluation of whether any endangered, threatened or special concern species are located along the project route and what affect the project could have on those species. For each species identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the species.
An evaluation of whether any known archeological or historical resources would be affected. For each resource identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the resource.

(b) For gas line projects that involve construction outside the limits of road rights-of-way or require coordinated commission and department review under s. 30.025, Stats., the commission may require additional environmental information on a case-by-case basis after consultation with the utility.

(12) Efficiency or conservation. For projects involving new or modified buildings, information on energy efficiency or conservation features, including all of the following:

(a) The type and R–value of insulating material used for walls, ceilings, roofs, doors, and windows.

(b) The type of heating and cooling system selected and the system’s energy efficiency rating.

(d) The type of lighting system selected.

(13) Other necessary information. Any other information necessary to understand the project.

(14) Commission requested information. Any other information requested by the commission.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59: CR 07-020: am. (intro.), (1) (intro.), (2) to (5), cr. (1) (a) to (d), (6), (9), (11), (12) and (14), renum. (6), (7), (8) and (9) to be (7), (8), (10) and (13) and am. Register October 2007, No. 622, eff. 11-1-07.

Wis. Admin. Code § PSC 133.05 Pre-application consultation {#sec-psc-133.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.05}

For any gas public utility project that requires a certificate of authority and is required to follow the department permit procedure for utility facilities under s. 30.025, Stats., the utility shall consult with the commission and department during development of the applications to discuss project scope, alternatives, routes or locations, and information required for the applications.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 07-020: r. and recr. Register October 2007 No. 622, eff. 11-1-07.

Wis. Admin. Code § PSC 133.06 Commission procedure {#sec-psc-133.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.06}

(1) Hearing requirements. The commission is not required to hold a hearing on a gas public utility application for a certificate of authority unless any of the following apply:

(a) The application proposes a change in the type of gas or proposes the construction, installation, or the placing in operation of plant that contemplate a change in the type of gas.

(b) The application is treated as a contested case.

(d) The commission determines that a hearing is necessary.

(2) Commission authority. The commission may grant or deny an application in whole or in part, subject to any modification or condition the general public interest or public convenience and necessity may require.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 07-020: r. and recr. Register October 2007 No. 622, eff. 11-1-07.

Wis. Admin. Code § PSC 133.07 Territorial agreements {#sec-psc-133.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.07}

(1) For purposes of this section:

(a) “General territorial agreement” means any territorial agreement other than a limited territorial agreement.

(b) “Limited territorial agreement” means a territorial agreement under s. 196.50 (1) (am) 1., Stats.

(1m) Filing.

(a) A gas public utility may enter into a general or limited territorial agreement with another gas public utility. A gas public utility that enters into a general territorial agreement shall file the territorial agreement with the commission for review and approval. A gas public utility that enters into a limited territorial agreement shall file the territorial agreement with the commission but does not need to receive commission approval.

(b) A general territorial agreement does not grant a gas public utility authority to serve in a municipality.

(c) A gas public utility which seeks approval of a general territorial agreement shall include in its filing all of the following:

Identification of any commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.
A detailed map and the legal description of the area covered by the territorial agreement.
An evaluation demonstrating how the territorial agreement will avoid controversy over the area to be served by each utility, avoid duplication of facilities, and provide more efficient service.

(d) A gas public utility shall file a signed limited territorial agreement with the commission. The utility shall include all of the following in its filing:

Identification of the commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.
A detailed map and the legal description of the area covered by the limited territorial agreement, including a showing that the area to be served by the additional gas public utility is adjacent to a municipality that the additional gas public utility is already authorized to serve.
Identification of the number of additional customers to which the additional gas public utility will provide service.
A statement that none of the additional customers to be served are located more than ½ mile from an existing service territory boundary between the original and the additional gas public utilities.
An evaluation demonstrating the reasons for the territorial agreement, such as avoiding controversy over the area to be served by each gas public utility, avoiding duplication of facilities, or providing more efficient service.
Proof that the municipality involved has authorized the additional gas public utility’s provision of service in the municipality, if such authorization is required.

(2) Authority to serve under a general territorial agreement.

(a)

When one gas public utility is authorized by the commission to provide gas service in a municipality, and that utility has entered into a general territorial agreement with another gas public utility that does not have commission authorization to serve in the municipality, the additional utility shall apply for and receive from the commission a certificate under ss. 196.49 and 196.50, Stats., before it can provide gas utility service in the municipality.
If the service area sought by one of the utilities covered by the general territorial agreement requires commission approval under this paragraph, that utility’s filing for a certificate of authority shall include an evaluation demonstrating why provision of service by an additional utility in the municipality is needed.
If a certificate of authority is granted, the certificate will specify the portions of the municipality in which the additional utility is authorized to serve. Any subsequent amendments to the general territorial agreement between the utilities will be considered under par. (b).

(b) When 2 or more gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement to which all affected gas public utilities are signatories. Commission approval of an amended general territorial agreement constitutes amended authorizations.

(c) When more than 2 gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of some, but not all, of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement after giving opportunity for the gas public utility not covered by the amended boundary agreement to object. If an objection is received, the commission may proceed with approving the amended general territorial agreement or may require the agreement signatories to apply for amended certificates of authority. Commission approval of an amended general territorial agreement constitutes amended authorizations.

(2m) Authority to serve under a limited territorial agreement.

(a) A gas public utility may provide service in a municipality served by another gas public utility without first obtaining a certificate from the commission to serve that municipality if all of the following apply:

The gas public utilities enter into a limited territorial agreement regarding areas to be served by each utility in the municipality.
The area to be served by the additional gas utility is adjacent to a municipality where the additional gas public utility is already authorized to serve.
The additional gas public utility will provide service to 5 or fewer additional customers in the municipality.
None of the additional customers to be served are located more than ½ mile from an existing service territory boundary between the original and the additional gas public utility.

(b) A gas public utility may not amend a limited territorial agreement. To expand the territory covered by a limited territorial agreement the utilities shall do one of the following:

If the additional territory meets the requirements of par. (a), then enter into a new limited territorial agreement covering the additional territory and file it under sub. (1m) (d).
If the additional territory does not meet the requirements of par. (a), then enter into a general territorial agreement covering the additional territory and file a request for approval under sub. (1m) (c).

Note: For example: if 2 utilities have an existing limited territorial agreement that covers a portion of their original service territory boundary and want to have an agreement that covers a different portion of their original service territory boundary, they may enter into a new limited territorial agreement that covers the new territory.

But, for example, if the existing limited territorial agreement covers a ½ mile wide strip east of their original service territory boundary and they want to have an agreement that covers a ½ mile strip that is east of the new service territory boundary created by the existing limited territorial agreement, they must enter into a general territorial agreement to cover the additional strip.

(3) Filing deadline.

(a) A gas public utility shall file a limited territorial agreement, a request for approval of a general territorial agreement, or an amended general territorial agreement with the commission, and receive approval when necessary, before the utilities provide service as permitted under the agreement.

(b) A gas public utility shall file an amended general territorial agreement with the commission within 30 days after the date the amended agreement is signed and shall request commission approval of the proposed change.

Note: See sub. (2m) (b) and the note that follows about amending limited territorial agreements.

(4) Waiver of rights. The commission will consider a signed territorial agreement to be a waiver of any rights a signatory to the agreement may have under ss. 196.49 and 196.50, Stats., or under this chapter to object to the provision of natural gas service by the other signatory utility in those portions of the municipality assigned to the waiving utility.

History

CR 07-020: cr. Register October 2007 No. 622, eff. 11-1-07; CR 15-003: renum. (1) to (1m) and am. (a) to (c) (intro.), cr. (1), (1m) (d), am. (2), cr. (2m), renum. (3) to (3) (a) and am., cr. (3) (b) Register September 2015 No. 717, eff. 10-1-15; correction in (2m) (b) 1., 2. under s. 13.92 (4) (b) 7 Register September 2015 No. 717.

Wis. Admin. Code § PSC 133.08 Service in annexed areas {#sec-psc-133.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 133.08}

(1) Current authority in annexing municipality. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality does not need further commission approval to provide service in a newly annexed portion if any of the following apply:

(a) The utility is also authorized to provide service in the municipality from which the area is annexed.

(b) No other gas public utility is authorized to provide service in the municipality from which the area is annexed.

(c) Another gas public utility is authorized to provide service in the municipality from which the area is annexed but does not have facilities or serve customers in the annexed area.

(2) Current authority in annexed area. A gas public utility that is authorized to provide service in a municipality from which an area is annexed may apply for commission authorization under ss. 196.49 and 196.50, Stats., to provide service in the annexed area when another gas public utility is authorized to provide service in the annexing municipality and neither gas public utility has facilities or serves customers in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.

(3) New authority to serve annexed area. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality shall apply for commission authorization under ss. 196.49 and 196.50, Stats., to provide service in an annexed area if another gas public utility is authorized to provide service in the municipality from which the area is annexed and is serving customers or has facilities in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.

(4) Continued authority to serve annexed area. A gas public utility that is not authorized to provide service in a municipality that annexes an area of another municipality in which the utility is authorized to provide service shall apply for commission authorization to allow continued service to existing customers in the annexed area. The utility may continue to serve existing customers while the commission acts on the authorization request. The commission shall determine whether the utility may provide gas service to any other portions of the annexing municipality.

(5) Newly incorporated municipalities. Subsection (4), as it applies to newly-annexed areas, shall apply to newly-incorporated municipalities.

(6) Application requirements. Applications under this section shall include all of the following:

(a) The commission action or docket that granted authority for providing service in the annexing municipality and the municipality from which an area is annexed.

(b) Detailed maps and legal description of the annexed area.

(c) An evaluation demonstrating how service to customers in the annexed area could be provided economically and efficiently by the applicant.

(d) If the service area sought by the gas public utility in the annexed area requires commission approval under s. 196.50, Stats., the filing shall include an evaluation demonstrating why provision of service by a second gas public utility in the municipality is needed.

History

CR 07-020: cr. Register October 2007 No. 622, eff. 11-1-07; CR 15-003: am. (3), (6) (d) Register September 2015 No. 717, eff. 10-1-15.

Chapter PSC 134 STANDARDS FOR GAS SERVICE

Wis. Admin. Code § PSC 134.01 General {#sec-psc-134.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.01}

(1) Chapter PSC 134 of the public service commission’s departmental rules is part of the Wis. Adm. Code and constitutes a general order of the public service commission, the issuance of which is authorized by ss. 196.02, 196.06, 196.10, 196.12, 196.15, 196.16, 196.17, 196.19, and 227.11, Stats.

(2) The rules making up ch. PSC 134 are designed to effectuate and implement ss. 196.02, 196.03, 196.06, 196.10, 196.12, 196.15, 196.16, 196.17, 196.19, 196.22, 196.60, Stats., and parts of other sections of the Wisconsin statutes.

(3) Nothing in this chapter of the Wisconsin Administrative Code shall preclude the commission’s giving special and individual consideration to exceptional or unusual situations or, upon investigation of the facts and circumstances involved, adopting requirements as to individual utilities or services which may be lesser, greater, other than or different from those provided in these rules.

(4) The requirements of ch. PSC 134 shall be observed by all public utilities, both privately and publicly owned, engaged in the manufacture, mixing, purchasing, storage, transmission and/or distribution of gaseous fuel.

(5) The manner of enforcing the rules in ch. PSC 134 is prescribed in s. 196.66, Stats., and such other means as provided in statutory sections administered by the public service commission.

(6) In case of emergency, where public interest requires immediate action without waiting for compliance with the specific terms of these rules, immediate corrective action shall be taken by the utility, which action, however, shall be subject to review by the public service commission.

(7) Periodic reports to the public service commission are required by ss. PSC 134.14 (6), 134.17, 134.18 (3), 134.19 (3) and 134.25 (4). Individual reports are required by s. PSC 134.18 (4) and (5).

History

1-2-56; r. and recr. Register, February, 1959, No. 38. eff. 3-1-59; am. (5). Register, January, 1965, No 109, eff. 2-1-65; renum. (3) to (6) to be (4) to (7), Register, November, 1980, No. 299, eff. 12-1-80; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2014 No. 703.

Wis. Admin. Code § PSC 134.02 Definitions {#sec-psc-134.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.02}

In this chapter:

(1) “Ability to pay” means a customer’s financial capacity to meet his or her utility service obligation, considering all of the following factors:

(a) Size of the delinquent account.

(b) Customer’s payment history.

(d) Reasons why the debt has been outstanding.

(e) Any other relevant factors concerning the customer’s circumstances, as household size, income and expenses.

(2) “Appliance” means any device which utilizes gas fuel to produce light, heat, or power.

(3) “British thermal unit” or “Btu” means the quantity of heat that must be added to one avoirdupois pound of pure water to raise its temperature from 58.5° Fahrenheit to 59.5° Fahrenheit under standard pressure.

(4) “Complaint” means a statement or question by any person, whether a utility customer or not, concerning a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action, or failure of a utility to meet a utility obligation.

(5) “Customer” means the party billed for payment of bills issued for use of utility service at a given premises.

(6) “Customer-requested termination” means that the customer or occupant has asked the utility to cease providing utility service to a premises.

(7) “Demand” means the amount of gas required per unit of time, usually expressed in cubic feet, Btu, or therms per unit of time.

(8) “Denied or refused service” means that a utility has refused to provide present or future service to a customer, occupant or premises.

(9) “Disconnection” means an event or action taken by the utility to terminate or discontinue the provision of service, but does not include a customer-requested termination of service.

(10) “Dry calorific value” means the value of the total or net calorific value of a gas divided by the volume of dry gas in a standard cubic foot.

(11) “Dry gas” means a gas having a moisture and hydrocarbon dew point below any normal temperature to which the gas piping is exposed. As applied to determination of heating value or specific gravity dry gas means the complete absence of moisture or water vapor.

(12) “Gas” means any gas or mixture of gases suitable for domestic or industrial fuel and transmitted or distributed to the user through a piping system.

Note: The common types of gas are natural gas, manufactured gas, and liquefied petroleum gas distributed as a vapor with or without admixture of air.

(13) “Installment payment agreement” means an arrangement between a utility and a commercial or farm customer for payment of a deposit in installments.

(14) “Meter” means an instrument installed to measure the volume of gas delivered through it.

(15) “Municipality” means a town, city or village.

(16) “Net calorific value of a gas” means the number of British thermal units evolved by the complete combustion, at constant pressure, of one standard cubic foot of gas with air, the temperature of the gas, air, and products of combustion being 60° Fahrenheit and all water formed by the combustion reaction remaining in the vapor state.

(17) “New residential customer” means a customer who has not received utility service in his or her name during the previous 6 months from the utility from which service is requested.

(18) “Occupant” means the resident or residents of a premises to which utility service is provided.

(19) “Prompt payment” means payment prior to the time when a utility could issue a notice of disconnection for nonpayment of an amount not in dispute.

(20) “Protective service emergency” means a threat to the health or safety of a resident because of the infirmities of aging, other developmental or intellectual disabilities, or like infirmities incurred at any age, or the frailties associated with being very young.

(21) “Public utility” has the meaning of s. 196.01 (5), Stats.

(22) “Specific gravity of a gas” means the ratio of the molecular weight of a dry gas or gas mixture to the molecular weight of dry air.

Note: This is the dry specific gravity.

(23) “Standard cubic foot of gas” means the quantity of a gas that at standard temperature and under standard pressure will fill a space of 1 cubic foot when in equilibrium with liquid water.

Note: According to Dalton’s law, this is equivalent to stating that the partial pressure of the gas is: 30-0.522 = 29.478 inches of mercury column.

(24) “Standard pressure” means the absolute pressure of pure mercury 30 inches in height at 32° Fahrenheit and under standard gravity.

Note: Standard gravity is 32.174 feet per second which results in a standard pressure of 14.735 pounds per square inch absolute.

(25) “Standard service pressure” means the gas pressure which a utility undertakes to maintain on the meters of all customers, except the meters of customers utilizing high-pressure service, expressed in pounds per square inch above atmospheric pressure or psig.

(26) “Standard temperature” means 60° Fahrenheit based on the international temperature scale.

(27) “Therm” means 100,000 British thermal units.

(28) “Total calorific value” means the number of British thermal units evolved by the complete combustion, at constant pressure, of one standard cubic foot of gas with air, the temperature of the gas, air, and products of combustion being 60° Fahrenheit and all water formed by the combustion reaction condensed to the liquid state.

(29) “Unmeasured gas” means gas which has not been measured by a meter.

(30) “Voucher agreement” means a payment agreement guaranteed by a third party who has access to or control over the benefits and/or finances of a public assistance recipient. Included without limitation are:

(a) Aid to Families with Dependent Children (AFDC) restrictive payment arrangements.

(b) Social Security representative payee.

(d) Legal guardian.

History

History 1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; 2019 Wis. Act 1: am. (20) Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PSC 134.03 Service {#sec-psc-134.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.03}

Every gas utility shall furnish reasonably adequate service and facilities at the rates filed with the commission and subject to these rules and the rules of the utility filed with this commission which are applicable thereto and not otherwise. The utility shall be operated in such manner as to obviate so far as reasonably practicable, undesirable effects upon the operation of standard services, standard utilization equipment, equipment of the utility, and upon the service and facilities of other utilities and agencies.

History

1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59.

Wis. Admin. Code § PSC 134.04 Schedules to be filed with commission {#sec-psc-134.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.04}

The schedules of rates and rules shall be filed with the commission by the utility and shall be classified, designated, arranged, and submitted so as to conform to the requirements of current tariff or rate schedule circulars and special instructions which have been and may from time to time be issued by the commission. Provisions of the schedules shall be definite and so stated as to minimize ambiguity or the possibility of misinterpretation, and shall include, together with such other information as may be deemed pertinent, the following:

(1) All rates for service with indication for each rate of the type of gas and the class of customers to which each rate applies. There shall also be shown any limitations on loads and type of equipment which may be connected, the prices per unit of service, and the number of units per billing period to which the prices apply, the period of billing, the minimum bill, method of measuring demands and consumptions, including method of calculating or estimating loads or minimums, and any special terms and conditions applicable. The discount for prompt payment or penalty for late payment, if any, and the period during which the net amount may be paid shall be specified.

(2) By municipalities, but without reference required to any particular part thereof, the type of gas supplied and the type of service (firm and/or interruptible).

(3) Forms of standard contracts required of customers for the various types of service available.

(4) If service to other utilities or municipalities for resale is furnished at a standard filed rate, either a copy of each contract or the standard contract form together with a summary of the provisions of each signed contract. The summary shall show the principal provisions of the contract and shall include the name and address of the customer, the points where gas is delivered, rate, term, minimums, load conditions, heating value of gas, pressures, and any special provisions such as rentals.

(5) Copies of special contracts for the purchase, sale, or interchange of gas.

(6) List of villages, cities, and unincorporated communities where urban rates are applicable, and towns in which service is furnished.

(7) Definitions of classes of customers.

(8) Extension rules for extending service to new customers indicating what portion of the extension or cost thereof will be furnished by the utility; and if the rule is based on cost, the items of cost included.

(9) Type of construction required of the customer if different from requirements in ch. PSC 135.

(10) Designation of such portion of the service facilities as the utility furnishes, owns, and maintains.

(11) Rules with which prospective customers must comply as a condition of receiving service, and the terms of contracts required.

(12) Rules governing the establishment of credit by customers for payment of service bills.

(13) Rules governing disconnecting and reconnecting service.

(14) Notice required from customer for having service discontinued.

(15) Rules covering temporary, emergency, auxiliary, and standby service.

(16) Rules covering the type of equipment which may or may not be connected.

(17) The list of service areas and the rates shall be filed in such form as to facilitate ready determination of the rates available in each municipality and in such unincorporated communities as have service at urban rates. If the utility has various rural rates, the areas where the same are available shall be indicated.

History

1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; reprinted to restore dropped copy, Register, February, 1985, No. 350.

Wis. Admin. Code § PSC 134.05 Information available to customers {#sec-psc-134.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.05}

(1) Each utility shall have available in its offices where payments are received, copies of its rates and rules applicable to the locality. The rates and rules shall be available for customer inspection and reasonable notice as to their availability shall be provided to customers.

(2) Each gas utility, for every municipality in which it serves, shall provide in the respective telephone directories a telephone listing by which the utility can be notified during a 24-hour day of any utility service deficiency or emergency which may exist.

(3) Where a second language is common in a particular area served by the utility and so identified by the commission, all rules pertaining to billing and credit shall be available upon customer request for distribution in English and that second language in every business office of the utility in that area accessible to the public and where customer payments are received.

(4) Each utility shall provide written notice to its residential customers annually, and a written notice to all new residential customers, at a minimum, of the rules on deposits, payment options including deferred payment agreements and budget billing, disconnection and dispute procedures; of the availability of information on energy conservation practices, of the advisability of setting water heater thermostats no higher than 125° Fahrenheit, of the availability of the customer’s actual gas consumption (or actual degree-day gas consumption) for each billing period during the prior 12 months or the actual number of months that the customer has lived at that location if less than 12 months, and of the availability of agencies or programs which may provide financial aid assistance or counseling. Such notice shall contain a reply procedure to allow customers an opportunity to advise the utility of any special circumstances, such as the presence of infants or elderly persons or the use of human life-sustaining equipment, and to advise the utility to contact a specific third-party agency or individual prior to any disconnection action being taken.

History

1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; renum. PSC 134.05 to be PSC 134.05 (1); cr. (2), Register, January, 1965, No. 109, eff. 2-1-65; am. (1), renum. (2) to be (3) and cr. (2) and (4), Register, January, 1975, No. 229, eff. 2-1-75; am. Register, March, 1979, No. 279, eff. 4-1-79; am. (4), Register, October, 1980, No. 298, eff. 11-1-80; am. (4) and cr. (5), Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.051 Application for residential service {#sec-psc-134.051 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.051}

(2)

(a) A residential user of gas service shall apply for service.

(c)

Except as provided in par. (d) and sub. (3), a utility may only require that an applicant provide the following information in an application:

a. Legal name and birthdate of the user of service and the person responsible for bill payment, if different than the user.

c. Address where service is to be provided.

d. Mailing address if different from service address.

e. Date requested for service to begin.

f. The most recent previous address of the person responsible for bill payment.

g. Initial identification data under subd. 2.

A utility shall accept any of the following items as adequate initial identification data, although it may accept other forms of identification:

a. Driver’s license number.

b. State identification card number.

c. Passport number.

d. Social security number or the last 4 digits of the social security number.

If a utility requests the initial identification data under subd. 2., it shall inform the applicant of all acceptable forms of initial identification data and allow the applicant to choose which the applicant wishes to provide.

Note: Also see s. PSC 134.061, which allows a request for a deposit if an applicant has an outstanding account balance that accrued within the last 6 years.

(e) A utility may request information other than that listed in pars. (c) and (d), but before requesting it the utility shall inform the applicant that providing that information is optional.

(f) A utility may refuse or disconnect service for failure to provide any information specified in par. (c) 1. a., c., e., and f. or par. (d).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under s. PSC 134.051 (2) (c) 1. g.

(3) Identity and residency verification.

(a) A utility may require verification of the initial identification data or the residency, or both, of the person responsible for bill payment under any of the following circumstances:

The application is for service at a premises where a bill remains unpaid for service provided within the previous 24 months.
The person responsible for bill payment has an outstanding bill with the utility but claims that the bill was accrued in the person’s name as a result of identity theft.
The applicant fails to provide the initial identification data under sub. (2) (c) 1. g. or the utility finds, with reasonable certainty, that the initial identification information is inaccurate.

(b) A utility shall establish a written policy for when it will require verification of identity or residency under par. (a).

(c) A utility shall accept any of the following items as adequate verification of identity, although it may accept other forms of verification:

Any one of the following items:

a. Valid driver’s license or other photo identification issued by a state, U.S., or tribal governmental entity.

b. Valid U.S. military or military dependent identification card.

c. Valid passport.

Any two of the following items:

a. Social security card.

b. Certified copy of a marriage certificate.

c. Certified copy of a judgment of divorce or legal separation.

d. Military discharge papers, including federal form DD-214.

e. Valid student identification card with the applicant’s photo.

f. Current employee photo identification card that includes information, such as the employer’s telephone number or address, which can be used for verification purposes.

(d)

A utility shall accept any one of the following items as adequate verification of an applicant’s residency, although it may accept other forms of verification:

a. Current utility bill.

b. Current financial institution statement.

c. Rental agreement.

d. Documents indicating home purchase.

e. Current paycheck or pay stub showing the applicant’s name and address, and the employer’s name.

f. Verification of address provided by a social service or government agency.

A utility may require an applicant to provide information that may be used for verification purposes, such as a telephone number or address, if the applicant submits one of the items in subd. 1. b., c., e., or f. to the utility.

(e) If a request for verification of identity or residency is based on par. (a) 2., the utility may require that the applicant provide the information in s. 196.23 (1), Stats.

(g) If an applicant refuses to provide the information under pars. (c) or (d) or a utility finds, with reasonable certainty, that the verification is falsified, the utility may request an additional item, refuse service or disconnect service.

(4) Processing applications and providing notice.

(a) Except under exceptional circumstances, a utility shall approve or deny an application for service no later than 10 calendar days after receipt of the information required under this section. An unexpected high volume of requests for service shall not constitute exceptional circumstances.

An explanation of why service is being refused.
The applicant’s right to ask commission staff to review the refusal.
The commission’s address, telephone number and web site.

History

CR 13-048: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 134.053 Application for commercial and farm service {#sec-psc-134.053 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.053}

(2)

(a) A user of gas service shall apply for service in a form specified by the utility.

Legal name of the user of service and the person responsible for bill payment, if different than the user.
Telephone number of the user of service and the person responsible for bill payment, if different than the user.
Address where service is to be provided.
Mailing address if different from service address.
Date requested for service to begin.
The most recent previous address of the person responsible for bill payment.
Credit information under par. (e).
Initial identification data under par. (f).

(d) A utility may request information other than that listed in par. (c), but before requesting it the utility shall inform the applicant that providing that information is optional.

(f) A utility shall accept any of the following items as adequate initial identification data, although it may accept other forms of identification:

Federal employer identification number or proof that it has been applied for but not yet granted.
Wisconsin department of financial institutions identification number.
Wisconsin seller’s permit identification number.

(g) A utility may refuse or disconnect service for failure to provide any information specified in pars. (c) 1. to 7. or (f).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under par. (c) 8.

(3) Identity verification.

(a) A utility may require verification of the initial identification data of an applicant for commercial or farm service under any of the following circumstances:

An applicant refuses to provide the information under sub. (2) (c), (e), or (f).
The utility finds, with reasonable certainty, that the information provided under sub. (2) (c), (e), or (f) is falsified.

(b) A utility shall establish a written policy for when it will require verification of identity under this subsection.

(c) A utility shall accept any of the following items as adequate verification of identity, although it may accept other forms of verification:

State or federal income tax returns.
Internal Revenue Service letter assigning federal employer identification number.
Wisconsin seller’s permit or department of revenue letter assigning a Wisconsin seller’s permit identification number.
Business articles of incorporation, partnership agreement, limited liability company articles of organization, or similar organizational documents.

(d) A utility may refuse or disconnect service if it does not obtain adequate verification of identity.

(4) Processing applications and providing notice.

An explanation of why service is being refused.
The applicant’s right to ask commission staff to review the refusal.
The commission’s address, telephone number and web site.

Note: For example, if a utility has told a customer that it would supply service if the customer makes a payment, enters a deferred payment agreement or provides additional identity information under sub. (3), the refusal is still conditional and has not been finalized.

(c) If a third party applies for service, a utility shall send written notification of the application to the potential user’s mailing address and the address for which service has been requested.

History

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.

Wis. Admin. Code § PSC 134.061 Deposits, residential {#sec-psc-134.061 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.061}

(1) New residential service.

(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.

(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.

(3) Guarantee terms and conditions.

(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.

(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.

(4) Existing residential service.

(a) A utility may require a cash deposit or other guarantee as a condition of residential service if any of the following circumstances apply:

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.
Subsequent credit information indicates that the initial application for service was falsified.
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.

(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:

(a) Size of the delinquent account.

(b) Customer’s payment history.

(d) Reasons why the debt has been outstanding.

(e) Any other relevant factors concerning the circumstances of the customer, as household size, income and expenses.

(7) Amount of deposit.

(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.

(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.

(9) Interest.

(a) Deposits for residential accounts shall bear interest payable from the date a deposit is made to the date it is applied to an account balance or is refunded.

(10) Refund. The utility shall refund the deposit of a residential customer after 12 consecutive months of prompt payment.

(11) Review. The utility shall not continue to require a cash deposit for a residential account unless a deposit is permitted under the provisions of sub. (4) or (10).

(14) Arrearages. An arrearage owed by a [residential] customer may be deducted from the customer’s deposit under the following conditions:

(a) Except as provided in par. (c), a deposit may be used by the utility only to satisfy an arrearage occurring after the deposit was made.

(c) When a deposit is refunded to the customer, the utility may first deduct any arrearage owed by the customer, whether the arrearage arose prior to or after the date of the deposit.

(15) Applicability. The provisions in subs. (2) and (3) are not applicable to deposits or guarantees made in connection with the financing of extensions or other equipment.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. Register, November, 1980, No. 299, eff. 12-1-80; renum. (7) to (14) to be (8) to (15), cr. (7), Register, April, 1985, No. 352, eff. 5-1-85; emerg. cr. (2) (c), am. (4) (a) and (5), eff. 10-25-88; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.0615 Deposits for commercial and farm service {#sec-psc-134.0615 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.0615}

(1) Deposit request. If the credit of an applicant for commercial or farm service has not been established satisfactorily to the utility, the utility may require the applicant to post a deposit. The utility shall notify the applicant within 30 days of the request for service as to whether a deposit will be required. The 30-day period shall begin from the date the applicant provides all requested relevant information to the utility. If no request for a deposit is made within this period, no deposit shall be required, except under the provisions of sub. (5). If a request for a deposit is made, the applicant must be given at least 30 days to provide payment, or guarantee, or to establish an installment payment agreement.

(a) Credit information from credit reporting services.

(b) Letter of credit from a financial institution or another utility.

(c) Applicant’s business characteristics, such as type of business, length of time the applicant has operated, the applicant’s business experience and knowledge, and estimated size of the applicant’s bills.

(d) Assets of the business.

(e) The financial condition of the business, as indicated in a financial statement.

(4) Guarantee terms and conditions.

(b) On termination of a guarantee contract, or whenever the utility deems the amount of surety insufficient, a cash deposit or a new or additional guarantee may be required on 20-day written notice to the customer. The service of a customer who fails to comply with these requirements may be disconnected on 8 days’ written notice, subject to the establishment of an installment payment agreement.

(c) The utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account he or she has guaranteed, unless the guarantor waives such notice in writing.

(5) Existing commercial or farm service.

(6) Written explanation.

Note: See s. PSC 134.0622.

(8) Amount of deposit.

(a) The maximum deposit for a new commercial or farm account shall not exceed the highest estimated gross bill for any 2 consecutive billing periods selected by the utility. If after a 12 month period the deposit amount is shown to be greater than warranted based on actual consumption, the utility shall at the customer’s request refund the difference between the 2 amounts, plus interest.

(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 bill for any 4 consecutive months within the preceding 12 month review period, as determined by the utility.

(9) Interest.

(a) Deposits for commercial or farm service shall bear interest from the date a deposit is made to the date it is applied to an account balance or refunded.

(b) The interest rate to be paid shall be subject to change annually on a calendar [year] basis. The commission shall determine the rate of interest to be paid on deposits held during the following calendar year and notify the utilities of the rate by December 15 of each year. The rate shall be equal to the weekly average yield of one-year United States treasury securities adjusted for constant maturity for the week ending on or after December 1 made available by the federal reserve board, rounded to the nearest tenth of one per cent.

(10) Time of refund. The deposit of a commercial or farm customer shall be refunded after 24 consecutive months of prompt payment.

(11) Method of refund. Any deposit or portion thereof refunded to a commercial or farm customer shall be refunded by check unless both the customer and utility agree to a credit on the regular billing, or unless sub. (13) applies.

(12) Refund at termination of service. Upon termination of commercial or farm service, the deposit, with accrued interest, shall be credited to the final bill, and the balance shall be returned within 30 days of issuing the final bill.

(13) Arrearages. An arrearage owed by a commercial or farm customer may be deducted from the customer’s deposit under the following conditions:

(a) Except as provided in par. (c), a deposit may be used by the utility only to satisfy an arrearage occurring after the deposit was made.

(c) When a deposit is refunded to the customer, the utility may first deduct any arrearage owed by the customer, whether the arrearage arose prior to or after the date of the deposit.

(14) Applicability. The provisions of subs. (3) and (4) are not applicable to deposits or guarantees made in connection with the financing of extensions or other equipment.

History

Cr. Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.062 Disconnections, residential {#sec-psc-134.062 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.062}

(1) Residential utility service may be disconnected or refused for any of the following reasons:

(a) Failure to pay a delinquent account or failure to comply with the terms of a deferred payment agreement, as provided in s. PSC 134.063.

(b) Violation of the utility’s rules pertaining to the use of service in a manner which interferes with the service of others or to the operation of nonstandard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation.

(e) Failure to comply with Wisconsin statute, commission rule or commission order pertaining to conservation or availability of service.

(g) Failure to comply with applicable requirements of this section, or of the utility’s rules.

(i) Connecting or causing to be connected a device or use of gas considered to be a nonessential use of natural gas which is prohibited under s. PSC 136.05.

(j) Connecting or having connected a natural gas outdoor lighting fixture as specified in s. PSC 136.02.

(k) Failure of an applicant for utility service to provide information or documentation required by s. PSC 134.051.

(3) A public utility may disconnect residential utility service, without notice, where a dangerous condition exists for as long as the condition exists.

(4) A public utility may disconnect residential utility service, without notice, where it has reasonable evidence that utility service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the utility service.

(5)

(d) An owner or property manager whose account is subject to disconnection action may avoid disconnection of service by making payment, by making an agreement with the utility for an extension of time for a specific period, by entering into a deferred payment agreement under s. PSC 134.063 or by installing the required energy conservation measures in the property in question. Any disconnection shall be in compliance with s. PSC 134.0624.

(6) Residential utility service may not be disconnected or refused for any of the following reasons:

(a) Delinquency in payment for service by a previous occupant of the premises to be served.

(b) Failure to pay for merchandise or charges for non-utility service billed by the utility, except where authorized by law.

(d) Failure to pay the account of another customer as guarantor thereof.

(e) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing and due to any misapplication of rates or faulty metering.

(f) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan.

(g) A utility to knowingly assist a landlord in the removal or eviction of a tenant from rental property.

(7) The residential customer shall have, in all instances, at least 20 days from the date of issuance of the bill to provide payment. An account may be deemed delinquent and notice of intent to disconnect issued after such period has elapsed. In the event of a discrepancy between the issue date and the postmark, the 20-day period shall be figured from whichever is later.

(8)

(a) A utility shall not disconnect residential service for reasons enumerated in sub. (1) unless written notice is sent to the customer by first class mail or personally served on a responsible adult member of the household at least 8 calendar days prior to the day of the proposed disconnection. If disconnection is not accomplished on or before the 15th day after the issuance of a notice, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to disconnection.

(b) If the billing address is different from the service address, or the account is being billed in the name of “occupant,” “resident”or other like term, notice shall be posted at each individual dwelling unit of the service address not less than 5 days before disconnection for reasons enumerated in sub. (1). If access is not possible, this notice shall be posted at a minimum, to all entrances to the building and in the lobby. Such notice shall state at a minimum:

The date of the notice.
The proposed date of disconnection.
That, if feasible, the occupants may apply to the utility to accept responsibility for future bills and avoid disconnection of service. Refusal or acceptance of the application for service is subject to those conditions set out in this chapter.
That if disconnection of service will aggravate an existing medical or protective services emergency, the occupant should contact the utility immediately.

(c) Disconnection notice for reasons enumerated in sub. (1) shall be given upon a form approved by the commission, and shall contain the following information:

The name and address of the customer and the address of the service, if different.
A statement of the reasons for the proposed disconnection of service and that disconnection will occur if the account is not paid, or if arrangement is not made to pay the account under deferred payment agreement, or if other suitable arrangements are not made, or if equipment changes are not made. If disconnection of service is to be made for default on a deferred payment agreement, the notice shall include an explanation of the acts of the customer which are considered to constitute default.
A statement that the customer should communicate immediately upon receipt of the notice with the utility’s designated office, listing a telephone number, if he or she disputes the notice of delinquent account, if he or she wishes to negotiate a deferred payment agreement as an alternative to disconnection, if any resident is seriously ill, or if there are other circumstances, as the presence of infants or young children in the household, the presence of aged or handicapped residents in the household, the presence of residents who use life support systems or equipment or residents who have developmental or intellectual disabilities.
A statement that residential utility service will be continued during serious illness or protective services emergency if the occupant submits a statement or notice pursuant to sub. (11).
A statement that the customer may appeal to the public service commission staff in the event that the grounds for the proposed disconnection or the amount of any bill remains in dispute after the customer has pursued the available remedies with the utility.

(9)

(a) The utility shall make a reasonable effort to have a personal or telephone contact with the residential customer prior to disconnection. If a contact is made, the utility shall review the reasons for the pending disconnection of service, and explain what actions must be taken to avoid disconnection.

(b) If the account is being billed in the name of “occupant,”“resident” or other like term, the utility shall also contact other utilities serving the premises and attempt to obtain the name of a responsible adult member residing at the service address.

(10)

(a) When a residential customer, either directly or through the public service commission, disputes a disconnection notice under s. PSC 134.064, the utility shall investigate any disputed issue and shall attempt to resolve that issue by negotiation. During this investigation and negotiation, utility service shall not be disconnected over this matter.

(b) If a disputed issue cannot be resolved pursuant to s. PSC 134.064 (1), the utility shall inform the customer of the right to appeal to the public service commission.

(11) Notwithstanding any other provision of this section, other than for reasons of safety or danger, a utility may not disconnect or refuse to reconnect service to a residential premises if disconnection or refusal of reconnection of service will aggravate an existing medical or protective services emergency for the occupant, if the occupant complies with the procedures of par. (a):

(a) A utility shall postpone the disconnection of service, or reconnect the service if disconnected, for 21 days to enable the occupant to arrange for payment, if the occupant produces a licensed Wisconsin physician’s statement or notice from a public health, social services or law enforcement official which identifies the medical or protective services emergency and specifies the period of time during which disconnection will aggravate the circumstances. The postponement may be extended by renewal of the statement or notice. During this 21 days of service, the utility and occupant shall work together to develop resources and make reasonable payment arrangements in order to continue the service on a permanent basis. Further postponements may be granted if there is evidence of reasonable communication between the utility and occupant in attempting to make arrangements for payment.

(12) Residential service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the utility are not available to the public for the purpose of transacting all business matters unless the utility provides personnel who are readily available to the customer 24 hours per day to evaluate, negotiate or otherwise consider the customer’s objections to the disconnection as provided under s. PSC 134.064, and proper service personnel are readily available to restore service 24 hours per day.

(13) Notwithstanding any other provision of this chapter, residential utility service may not be refused because of a delinquent account if the customer or applicant provides as a condition of future service a deposit or guarantee as governed by s. PSC 134.061, or a voucher agreement.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. (1) (a) and (5) (a), Register, December, 1975, No. 240, eff. 1-1-76; am. (2) (intro.), Register, March, 1979, No. 279, eff. 4-1-79; emerg. cr. (2) (g), eff. 1-26-80; cr. (2) (f), Register, January, 1980, No. 289, eff. 2-1-80; cr. (2) (e), Register, February, 1980, No. 290, eff. 3-1-80; cr. (2) (g), Register, July, 1980, No. 295, eff. 8-1-80; emerg. cr. (10), eff. 12-17-81; cr. (2) (h), Register, September, 1982, No. 321, eff. 10-1-82; cr. (10), Register, September, 1983, No. 333, eff. 10-1-83; am. (8) (a), Register, June, 1986, No. 366, eff. 7-1-86; r. (9) (b), Register, May, 1987, No. 377, eff. 6-1-87; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; correction in (1) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; CR 13-048: am. (1) (k), r. (1) (L), (2) Register July 2014 No. 703, eff. 8-1-14; 2019 Wis. Act 1: am. (8) (c) 3. Register May 2019 No. 761, eff. 6-1-19; correction in (1) (g) made under s. 13.92 (4) (b) 7., Stats., Register March 2023 No. 807.

Wis. Admin. Code § PSC 134.0622 Disconnections, commercial and farm accounts {#sec-psc-134.0622 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.0622}

(1) Commercial or farm accounts which involve residential dwellings shall be subject to s. PSC 134.0624.

(2) Commercial or farm utility service may be disconnected or refused for any of the following reasons:

(a) Failure to pay a delinquent account.

(c) Failure to comply with the deposit, guarantee arrangement, or installment payment agreement, as specified in s. PSC 134.0615.

(e) Failure to comply with Wisconsin statute, commission rule or commission order pertaining to conservation or availability of service.

(g) Failure to comply with applicable requirements of this section, or of the utility’s rules.

(h) Connecting or causing to be connected a device or use of gas considered to be nonessential use of natural gas, which is prohibited under s. PSC 136.05.

(i) Connecting or having connected a natural gas outdoor lighting fixture as specified in s. PSC 136.02.

(3) A public utility may disconnect commercial or farm utility service, without notice, where a dangerous condition exists for as long as the condition exists.

(4) A public utility may disconnect commercial or farm utility service, without notice, where it has reasonable evidence that utility service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the utility service.

(5)

(d) An owner or property manager whose account is subject to disconnection action may avoid disconnection of service by making payment, by making an agreement with the utility for an extension of time for a specific period, or by installing the required energy conservation measures in the property in question. Any disconnection shall be in compliance with s. PSC 134.0624.

(6) Commercial or farm utility service may not be disconnected or refused for any of the following reasons:

(a) Delinquency in payment for service by a previous occupant of the premises to be served.

(b) Failure to pay for merchandise or charges for non-utility service billed by the utility.

(d) Failure to pay the account of another customer as guarantor thereof.

(e) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing and due to any misapplication of rates or any faulty metering.

(f) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan.

(7) The commercial or farm customer shall have, in all instances, at least 20 days from the date of issuance of the bill to provide payment. An account may be deemed delinquent and notice of intent to disconnect issued after the 20-day period has elapsed. In the event of a discrepancy between the issue date and the postmark, the 20-day period shall be figured from whichever is later.

(8)

(a) A utility shall not disconnect commercial or farm service for reasons enumerated in sub. (2) unless written notice is sent to the customer by first class mail or personally served at least 8 calendar days prior to the day of the proposed disconnection. If disconnection is not accomplished on or before the 15th day after the issuance of a notice, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to disconnection.

The date of the notice.
The proposed date of disconnection.
That, if feasible, the occupants may apply to the utility to accept responsibility for future bills and avoid disconnection of service. Refusal or acceptance of the application for service is subject to those conditions set out in this chapter.
That if disconnection of service will aggravate an existing medical or protective services emergency, the occupant should contact the utility immediately.

(c) Disconnection notice for reasons enumerated in sub. (2) shall be given upon a form approved by the commission, and shall contain the following information:

The name and address of the customer and the address of the service, if different.
A statement of the reasons for the proposed disconnection of service and that disconnection will occur if the account is not paid, or if arrangement is not made to pay the account, or if other suitable arrangements are not made, or if equipment changes are not made.
A statement that the customer should communicate immediately upon receipt of the notice with the utility’s designated office, listing a telephone number, if he or she disputes the notice of delinquent account, or if he or she wishes to negotiate a payment agreement as an alternative to disconnection.
A statement that the customer may appeal to the public service commission staff in the event that the grounds for the proposed disconnection or the amount of any bill remains in dispute after the customer has pursued the available remedies with the utility.

(9) The utility shall make a reasonable effort to have a personal or telephone contact with the commercial or farm customer prior to disconnection. If a contact is made, the utility shall review the reasons for the pending disconnection of service, and explain what actions must be taken to avoid disconnection. The utility shall keep a record of these contacts and contact attempts.

(10)

(b) If a disputed issue cannot be resolved pursuant to s. PSC 134.064 (1), the utility shall inform the customer of the right to appeal to the public service commission.

(11) Commercial or farm service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the utility are not available to the public for the purpose of transacting all business matters unless the utility provides personnel who are readily available to the customer 24 hours per day to evaluate, negotiate or otherwise consider the customer’s objections to the disconnection, as provided under s. PSC 134.064, and proper service personnel are readily available to restore service 24 hours per day.

History

Cr. Register, October, 1989, No. 406, eff. 11-1-89; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; correction in (2) (g) made under s. 13.92 (4) (b) 7., Stats., Register March 2023 No. 807.

Wis. Admin. Code § PSC 134.0623 Reconnection of service {#sec-psc-134.0623 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.0623}

(1)

(a) By June 1 of each year, or at a date designated by order of the commission, each gas utility in Wisconsin serving more than 400,000 customers shall submit a fall reconnection plan for review and approval by commission order. The plan shall provide reasonable means, including a time table for personal contacts, that will be used to assure that all premises to which service was disconnected within the past 12 months and remains disconnected for nonpayment shall be contacted prior to October 25, or at a date set by commission order, to inform them of available payment options such as budget billing or deferred payment agreements.

(b) Prior to October 15 of each year, or at a date designated by order of the commission, all gas utilities serving fewer than 400,000 customers shall attempt by letter, telephone, or personal visit to contact all households at premises to which service was disconnected within the past 12 months and remains disconnected for nonpayment and inform them of available payment options such as budget billing or deferred payment agreements. If a letter, telephone call or personal visit does not result in a response from an adult member of the household by October 15 or at a date designated by order of the commission, a subsequent personal visit shall be made no later than October 25, or at a date designated by order of the commission.

(c) For any household remaining disconnected after October 25, the utility shall continue its efforts to have a personal contact with the household and determine its situation. The utility shall make a personal contact attempt after the date of disconnection and before November 1 for any household disconnected between October 15 and October 31. If, during any of the contacts made to carry out this section, any gas utility or its representative observes a danger to human health or life due to the disconnection, the utility shall immediately restore service. A record shall be made of all contacts and attempted contacts made to comply with this section.

(2) By November 15th of each year, a utility shall file a report with the commission stating the number of dwellings assumed to be occupied where service remains disconnected as of November 1 or later and the reason that service has not been reconnected to that dwelling. On other dates designated by order of the commission, a utility shall file periodic reports with the commission listing the number of assumed to be occupied dwellings where service remains disconnected.

History

Emerg. cr. 11-7-84; cr. Register, December, 1984, No. 348, eff. 1-1-85; am. Register, December, 1987, No. 384, eff. 1-1-88; emerg. r. and recr. eff. 10-25-88; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.0624 Cold weather disconnections {#sec-psc-134.0624 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.0624}

(1) Declaration of policy. The public service commission of Wisconsin recognizes that there are many citizens of the state who, because of income, infirmities of aging, other developmental or intellectual disabilities or like infirmities incurred at any age, or the frailties associated with being very young, need protection from cold weather disconnections. This section is intended to provide that protection as enumerated below. It is the further intent of the public service commission that these rules be used as guidelines to identify those customers who are not covered by sub. (3). For households subject to disconnection under this section, any disconnection permitted by this chapter during the cold weather period defined below shall be made only as a last resort, after all other legal means of recourse have been attempted and proven unsuccessful.

(2) Applicability.

(b) This section shall not apply to disconnections of service as set forth in s. PSC 134.062 (1) (b), (3), (4), or disconnections for remodeling or repairs.

(4) Conditions for disconnection. A utility may disconnect only those households whose gross quarterly incomes are above 250% of the federal income poverty guidelines and where health and safety would not be endangered, because of the infirmities of age, other developmental or intellectual disabilities or like infirmities incurred at any age or the frailties associated with being very young, if service were terminated or not restored.

(5) Verification.

(a) The burden of proof that a household is eligible for disconnection as defined in sub. (4) shall be the responsibility of the utility.

(b) The utility, as part of its filing with the public service commission pursuant to sub. (12) (b), shall include how it will verify the household’s income and situation.

(6) Notice.

(a) Prior to, and again at the time of disconnection of service, a utility representative shall meet personally with a responsible, adult member of the household to discover any circumstances which deserve special attention, such as medical problems or disabilities.

(b) The utility shall maintain a record of all contacts with the household from the time that notice of pending disconnection is first given.

(7) Telephone availability. A utility shall provide its emergency after-hours telephone number to all households scheduled for utility service disconnection.

(8) Customer and occupant service information. Prior to disconnection, a utility shall inform the household of the availability of deferred payment agreements, budget billing, and in the case of a noncustomer occupant, the option of accepting responsibility for future bills.

(11) Management-level employee. The utility shall designate by November 1 each year one or more executive employees who will be responsible for final approval of the disconnection of utility service, and notify the commission, in writing, of the name, title, and contact number of the person or persons so designated. The designated employee shall certify on a form approved by the commission that all appropriate code provisions have been met prior to authorizing disconnection. For investor-owned utilities with 30,000 or more customers, the designated person shall be an employee with at least the position of vice president. For investor-owned utilities with fewer than 30,000 customers, the designated employee shall be the utility president. For a municipal utility the designated employee shall be either the general manager or chairperson of the governing board. A utility may designate an employee in the absence of the above-listed personnel because of illness or vacation.

(12) Reports.

(a) The utility shall report each disconnection of service to an occupied dwelling, by facsimile transmission, if available, or telephone to the consumer services bureau of the public service commission by 3:30 p.m. the same day the disconnection takes place.

(13) Follow-up visit.

(a) By the end of the work day following the day of disconnection, the utility shall make an in-person visit to the occupied dwelling to check on the household’s wellbeing and to ensure there is no danger to human health and life. The utility shall again inform the household of the availability of deferred payment or budget billing agreements, shelter assistance, and in the case of a noncustomer occupant, the option of accepting responsibility for payment of future bills. If the utility or its representative observes a danger to human health or life due to the disconnection, the utility shall immediately restore service.

(14) Internal procedures. The utility shall submit for approval by commission order copies of its written internal procedures for implementing this section and any materials used in training its employees to carry out these rules. If within 60 days of submission the commission has not, by order, approved the internal procedures, the procedures shall be considered disapproved. The utility shall review these procedures annually and update the filed procedures when appropriate. A utility which does not disconnect occupied residences for nonpayment during the winter period is not required to file such procedures.

History

Emerg. cr. 11-7-84; cr. Register, December, 1984, No. 348, eff. 1-1-85; am. (1), (3) and (4), Register, December, 1987, No. 384, eff. 1-1-88; emerg. r. and recr. eff. 10-25-88; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; corrections in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; 2019 Wis. Act 1: am. (1), (4) Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PSC 134.0625 Customer-requested termination of service {#sec-psc-134.0625 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.0625}

History

Cr. Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.063 Deferred payment agreement {#sec-psc-134.063 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.063}

(1) A utility is required to offer deferred payment agreements only to residential accounts and may offer such agreements to other customers.

(2) Every deferred payment agreement entered into due to the customer’s inability to pay the outstanding bill in full shall provide that service will not be disconnected if the customer pays a reasonable amount of the outstanding bill and agrees to pay the remaining outstanding balance in reasonable installments.

(3) For purposes of determining reasonableness in sub. (2), the parties shall consider the customer’s ability to pay, including the following factors:

(a) Size of the delinquent account.

(b) Customer’s payment history.

(d) Reasons why the debt has been outstanding.

(e) Any other relevant factors concerning the circumstances of the customer, as household size, income and expenses.

(4) A deferred payment agreement offered by a utility shall state immediately preceding the space provided for the customer’s signature and in bold face print at least 2 type sizes larger than any other used thereon,

(5) A delinquent amount covered by a deferred payment agreement shall not be subject to a late payment charge if the customer meets the payment schedule required by the agreement.

(7) If a utility customer has not fulfilled the terms of a deferred payment agreement, and there has not been a significant change in the customer’s ability to pay since the agreement was negotiated, the utility may disconnect utility service pursuant to disconnection of service rules, ss. PSC 134.062 and 134.0624, and shall not be required to negotiate a subsequent deferred payment agreement prior to disconnection.

History

Emerg. cr. eff. 1-21-75; cr. Register, January, 1975, No. 229, eff. 2-1-75; am., Register, March, 1979, No. 279, eff. 4-1-79; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.064 Dispute procedures {#sec-psc-134.064 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.064}

(a) Investigate the dispute promptly and completely.

(b) Advise the customer of the results of the investigation.

(d) Provide the opportunity for the residential customer to enter into a deferred payment agreement under s. PSC 134.064 when applicable in order to resolve the dispute.

(3)

(a) A customer’s request for informal review may be made in any reasonable manner such as by written notice 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.

(b) A utility shall respond to public service commission staff’s request for an investigation in a prompt manner. 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 inform the customer that a request for formal review shall include any information or arguments that the customer believes the commission should consider.

(4)

(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 notice of terms of settlement after informal review. If written confirmation of the staff telephone notice is requested and mailed, the 30 day period begins from the date of that mailing.

(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, 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.

(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.

(6)

(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 meet these conditions before hearing shall constitute waiver of the dispute by the customer.

(b) The hearing shall conform to the procedures of ss. 196.26 to 196.34, Stats.

(c) The 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.

(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 from the obligation of paying charges which are not in dispute, or prevent disconnection of service for nonpayment of undisputed charges.

History

Emerg. cr. eff. 1-21-75; cr. Register, January, 1975, No. 229, eff. 2-1-75; am. (1), (3) (b) and (4), Register, December, 1975, No. 240, eff. 1-1-76; am. (1) (intro.), Register, March, 1979, No. 279, eff. 4-1-79; emerg. am. (2) (a) and (b) and (3), eff. 12-17-81; am. (2) (a) and (b) and (3), Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.10 Service on customer’s premises {#sec-psc-134.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.10}

(1) All changes in the heating value standard, all changes in pressure and specific gravity greater than the allowable variation, and changes in the composition of the gas which would materially affect the operation of the customer’s appliances must be accompanied by a general inspection and adjustment of all appliances that would be affected by the changes. The utility shall make such adjustments and such changes to all customers’ appliances that are connected to an interior piping system at the time of the change as may be necessary in order that the appliance may operate as efficiently and give as good service as was possible before the change. This should be done promptly and without cost or unnecessary inconvenience to the customer.

(2) If in connection with a service change specified in sub. (1), a piece of properly operating utilization equipment cannot be adjusted so that it will operate satisfactorily and if it must be replaced in its entirety the utility shall share equitably in the cost of changing the equipment. The change in customer’s equipment should be made with the greatest possible economy to the customer, and final settlement made at the time of the change. A satisfactory settlement would be payment by the utility to the customer of the remaining value of the customer’s equipment and the cost of removing the old and installing in the same position substantially equal equipment which replaces it.

(3)

(a) Each utility shall adopt and file with this commission a policy for inspection of customer’s appliances. The filed rule need not include the inspection and adjustment of special industrial equipment, which should be checked by persons more familiar with the equipment. The filed rule shall provide that customers having such equipment are to be notified.

(b) Each gas utility shall establish an educational and inspection program designed to inform customers and assist the general public in the proper and efficient operation and maintenance of gas burning equipment. Such program shall advise customers to have heating equipment checked annually and offer energy saving suggestions to customers.

(c) Whenever a gas utility is required to enter a customer’s premises to re-establish service to relight appliances due to a non-emergency interruption of service, an inspection of the burner ignition and flame appearance shall be made on each appliance which is relit to check for safety and efficient operation. The utility will be prepared to advise the customer relative to the safety and efficiency of connected appliances.

History

1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; am. (3), Register, March, 1977, No. 255, eff. 4-1-77.

Wis. Admin. Code § PSC 134.11 Meters and control equipment {#sec-psc-134.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.11}

(1) Where possible to do so, all gas quantities required to be reported to the commission shall be metered.

(2) All gas sold to customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility. The maintenance of the accuracy of the meters shall be the responsibility of the utility.

(3) Every reasonable effort shall be made to measure at one meter location all gas quantities necessary for billing the customer.

(4) All gas customers of the same type, pressure, and/or volume classification shall have their gas metered with instruments having like characteristics and at the same pressure base, except that the commission may approve the use of instruments of different types if their use does not result in unreasonable discrimination.

(5) Any regulators or equipment used to provide service in accordance with commission or filed utility rules and rates shall be commercially acceptable devices owned and maintained by the utility.

(6) A temperature-compensating meter shall be used whenever a gas meter is subject to the elements of the weather or wide variations in temperature. All present non-compensating installations subject to the elements of the weather and wide variations in temperature shall be changed so that 100% compliance will be attained by the end of the first complete testing cycle as provided in s. PSC 134.30 (1).

History

1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; cr. (6), Register, January, 1965, No. 109, eff. 2-1-65.

Wis. Admin. Code § PSC 134.12 Meter readings and billing periods {#sec-psc-134.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.12}

Reading of all meters used for determining charges to customers shall be scheduled monthly, bimonthly, quarterly, or semi-annually. An effort shall be made to read meters on corresponding days of each meter-reading period cycle. The meter-reading date may be advanced or postponed not more than 5 days without adjustment of the billing for the period. Bills for service shall be rendered within 40 days from the reading of the meter except as may be otherwise specifically authorized by the commission. The utility may permit the customer to supply the meter readings on a form supplied by the utility, provided a utility representative reads the meter at least once each 6 months and when there is a change of customer. The utility shall make reasonable efforts to read the meters of customers who cannot be available during normal business hours.

History

1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; am. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, October, 1989, No. 406, eff. 11-1-89.

Wis. Admin. Code § PSC 134.13 Billing {#sec-psc-134.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.13}

(1)

(a) All of the information in par. (b) shall be shown for each meter on each bill, including the customer’s receipt, if the bill is provided by any of the following:

Madison Gas and Electric Company.
Northern States Power Company.
Superior Water, Light and Power Company.
Wisconsin Electric Power Company.
Wisconsin Gas LLC.
Wisconsin Power and Light Company.
Wisconsin Public Service Corporation.

(b) A bill under par. (a), including the customer’s receipt, shall show the following information:

The customer name, billing address and service address, if different from the billing address.
For residential customers in multi-unit buildings, current meter identification information or number and account number.
The present and last preceding meter readings.
The present and last preceding meter reading dates.
The next scheduled meter reading date.
The number of days in the billing period.
The number of units consumed.
The class of service with clear explanation of codes and abbreviations.
The rate schedule under which the bill is calculated including the itemized calculations of the rate schedule component including, but not limited to, such items as customer charge, energy blocks, demand charges, minimum bills and all other billing factors necessary for the customer to check the calculation of the bill.
Clear itemized adjustment clause bill calculation.
Amount subject to tax, tax rate, and tax billed.
Clear itemization of the amount of the bill for the present billing period, any unpaid balance from previous billing periods and any late payment charges.
Clear itemization of other utility charges and credits.
Degree day information.
A statement that the utility will, upon customer request, provide the information and assistance necessary for the customer to evaluate fuel consumption and conservation.

(c) Upon receiving such request in par. (b) 15., the utility shall provide consumption and degree day information by billing periods for at least the last year and information and instructions needed by the customer to make consumption comparisons and evaluate his or her conservation efforts.

(d) Bills rendered without an actual meter reading shall be specifically marked as estimated.

(e) Each bill, including the customer’s receipt rendered by gas utilities not included in par. (a), shall show the present and last preceding meter readings, the date of the present reading, the number of units consumed, the class of service if other than residential, and the rate schedule under which the bill is calculated. In lieu of including the rate schedule on the bill the utility may, whenever a rate change becomes effective or at least once a year, supply each customer with the schedule of rates at which the bills are calculated and any other rates that might be applicable. Bills rendered at rates requiring the measurement of a number of different factors shall show all data necessary for the customer to check the calculation of a bill. All monthly adjustment clause factors necessary for a customer to check the calculation of the bill shall be included on the monthly bill. Minimum and estimated bills shall be distinctly marked as such. Estimated bills are bills rendered without actual meter readings.

(f) The utility may include on the utility service bill charges to the customer resulting from other services, materials, or work provided by the utility as a result of commission-approved conservation and alternative energy programs, and, with the consent of both the customer and the utility, merchandise and service repair work charges. The charges shall be listed individually on the bill, and the customer shall be permitted to include such payment in his or her payment for gas utility service. Any partial payments shall be applied first to the amount due for utility service and the remainder to the other charges.

(g) Costs or fees incurred by and awarded to the utility by a court of law, for pursuing bill collection through other agencies, such as small claims courts, or extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the public service commission, may be included on the utility service bill. Such tariffs shall be established on the basis of rate case proceedings or generic proceedings to establish the reasonableness of such charges.

(h) The commission may authorize the utility to make late payment charges to a customer’s utility service bill that is not paid in full within 20 days following issuance of the bill and for utility service that has been obtained by diversion around or tampering with the proper metering of the account. The late payment charge may be either a one-time charge as provided in par. (i) or a monthly charge as provided in par. (j). The utility shall receive approval from the commission of the method it desires to use and shall not change methods without commission approval.

(i) If the utility is authorized to make a one-time late payment charge, such charge shall comply with the following requirements:

The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied.
Except as provided in subd. 8., late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill.
The amount of the late payment charge shall be 3% of the bill, except a minimum charge of $.30 shall apply.
Late payment charges shall be applied to all customer classes and rate classifications.
The utility shall not waive any properly applied late payment charges.

Note: See s. PSC 134.063 (5) and (6).

A late payment charge shall be applied only once to any given amount outstanding.
If a customer disputes a bill for utility service or portion thereof and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility.
Bills issued for utility service previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued.

(j) If the utility is authorized to make monthly late payment charges, such charges shall comply with the following requirements:

The amount of the charge shall be no more than one and one-half per cent per month and shall be filed and approved by the commission before it can be applied.
The late payment charge shall be applied to the total unpaid balance for utility service, including unpaid late payment charges.
Except as provided in subd. 9., the late payment charge shall be applied no sooner than 20 days after the date of issuance of the bill.
The late payment charge shall be applied to all customer classes and rate classifications.
If a customer disputes a bill for utility service or portion thereof and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility.
The utility may not waive any properly applied late payment charge.

Note: See s. PSC 134.063 (5) and (6).

No additional late payment charge may be applied to a delinquent account for utility service after the date on which the delinquent account was written off by the utility as uncollectable.
If a utility changes the type of late payment charge or initiates a late payment charge, the new charge shall apply only to utility service provided after the effective date of the change or initiation.
Bills issued for utility service that was previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued. The late payment charge may be applied from the estimated date that the diversion or tampering began.

(k) A customer who receives a lump sum payment from an outside source to be used to pay his or her utility service bill may, at the utility’s option, apply the payment to the customer’s account in equal monthly installments.

(2)

(a) If the billing period is longer or shorter than allowed by s. PSC 134.12, the bill shall be prorated on a daily basis unless other provision is made in the utility’s filed rules.

(b) If the utility is unable to gain access to read a standard residential meter at the end of each billing period, the utility shall, upon customer request, provide meter reading forms which allow the customer to send a card reading in time for billing. If actual readings cannot be obtained, the utility shall also leave a meter reading form at the premises for the customer to complete and return to the utility in time for bill preparation or leave a form at the premises explaining the estimation and how to avoid future estimations. This form shall be used when billing systems do not have sufficient time to allow the customer to return the card reading prior to billing.

(d) If meter reading is not scheduled on a monthly basis, the utility shall supply customers with meter-reading forms for the periods when the meter is not scheduled to be read by the utility. Customers may not be required to provide these meter readings. If the customer informs the utility he or she does not desire to supply a reading, or if the form is not returned in time for the billing operation, a minimum or estimated bill may be rendered.

(e) When an actual meter reading indicates that a previous estimated bill was abnormally high or low, the utility shall calculate the bill for the entire period as if use of service was normally distributed throughout the period. The previous estimated charge shall be deducted from the recomputed total. If there is evidence to indicate that actual use was not uniform throughout the period, the billing shall be adjusted according to available information.

(3)

(a) Credits due a customer because of meter inaccuracies, errors in billing, or misapplication of rates shall be shown separately and identified.

(b) The original billing rendered because of meter inaccuracies, errors in billing, or misapplication of rates shall be separated from the regular bill and the charges explained in detail.

(4)

(a) Each bill for service shall be computed at the proper filed rate, which shall be the rate selected by the utility unless the customer selects a rate under par. (e).

(b) When it is difficult to determine what rate should be applied until there has been actual usage, the rate classification shall be reviewed when there has been adequate usage to determine the lowest applicable rate but no later than the end of the first 12 months of usage. The customer shall be notified as soon as the lowest firm sales service rate option has been determined and be given the option to select a different applicable rate as set forth in par. (e). The rate determined by the utility to be the lowest firm sales service rate option shall be effective with the billing period following the date of notification by the utility unless the customer selects a rate. If the customer selects a rate, the rate shall be effective with the current billing period if required billing information is available but not later than the beginning of the second billing period following the customer’s request.

(c) A utility may enter into contracts having terms longer than one year, but the rates paid under such contracts shall be the utility’s lowest applicable firm sales service rate option, for which meter usage information is known, on file with the commission at the time of the contract, unless the customer selects another applicable rate at the time of the contract.

(d) If the utility has information that the customer could qualify for a lower rate by installing equipment, or combining or separating services as allowed under the utility’s rules and regulations, he or she shall be notified; but no change in rates shall be made until the customer makes the necessary modifications. If such modifications are made, the utility shall change the customer’s rate classification effective for the beginning of the current billing period if required billing information is available, but the change shall be effective no later than the beginning of the second billing period following the customer notification to the utility that the modification has been made.

(e) When a customer is eligible to take service under more than one rate schedule, the utility shall inform the customer at the times specified in par. (f) of the option to select a rate, of the rate options and service classifications for which the customer may be eligible and the conditions necessary to qualify, and of the firm sales service rate option that would have resulted in the lowest rate based on the previous 12 months’ service and on the metered customer usage information known to the utility. The information provided shall include a general explanation of gas service usage characteristics to assist the customer in selecting the lowest rate consistent with the customer’s anticipated usage and needs. If the customer requests a change in rate classification, it shall be effective at the beginning of the current billing period if required billing information is available, but such change shall be effective no later than the beginning of the second billing period following the customer’s request.

(f) At least once in each calendar year customers with more than one rate option shall be informed of the option to select a rate as set forth in par. (e). The notification requirement may be satisfied through the use of a bill insert. The customer shall also be informed of the option to select a rate whenever there is a change in rates that would affect the customer, and at any other time the customer so requests. If the utility notifies the customer of the option to select a rate as the result of a rate change or a customer request, such notification shall satisfy the requirement to notify the customer at least once in each calendar year.

(a) A budget payment plan tariff shall be on file with the public service commission, applicable only to charges for utility services under public service commission jurisdiction.

(e) Customers who have arrearages shall be allowed to establish a budget payment plan by signing a deferred payment agreement for the arrears, according to the provisions of s. PSC 134.063.

(g) At the end of a budget year, if an underbilled or overbilled balance exists in the account, the balance shall be handled as follows:

A customer’s debit balance will be paid in full or, at the customer’s option, on a deferred basis.
A customer’s credit balance shall be applied, at the customer’s option, against the customer’s account credited in monthly installments to the customer’s account over the course of the next budget year, or refunded to the customer.

(8)

(a) Where rental residential dwelling utility service is in the tenant’s name, and the tenant vacates the residential dwelling unit, continued utility service for such dwelling unit may be placed in the name of the owner or property manager.

(b) The utility shall provide the owner or property manager with written notice of its intent to transfer billing responsibility. Such notice shall provide the owner or property manager with 5 days to notify the utility of:

The name of the customer who should be placed in service, such service date not to be later than 5 days from the notice mailing date; or
That utility service to the premises should be terminated and affirms to the utility that such termination will not endanger human health or life or cause damage to property during the period of disconnection.

(9)

Meters registering fast as defined in s. PSC 134.14.
Use of an incorrect meter constant or multiplier.
Incorrect service or rate classification, provided the information furnished by the customer to the utility was not deficient, or the customer did not choose the rate as provided in sub. (4).
Billing based on a switched meter condition where the customer was billed on the incorrect meter.
Misapplication of rates.

(b) A utility is not required to pay interest to customers for overpayments made for:

Financing of service extensions or other equipment.
Budget payment plans.
Estimated bills, if the utility made a reasonable effort to obtain access to the customer’s meter, but was unable to gain access. Reasonable effort to gain access means that the utility notified the customer after three consecutive estimated readings that the utility will read the meter at other than standard business hours at the customer’s request.
Receipt of lump sum payment made from an outside source as the Low Income Home Energy Assistance Program or other like programs.

(c) The rate of interest to be paid shall be calculated in the same manner as provided for in s. PSC 134.061 (9) (b). Interest shall be paid from the date when the customer overpayment was made until the date when the overpayment is refunded. Interest shall be calculated on the net amount overpaid in each calendar year.

History

1-2-56; r. and recr. Register. February, 1959, No. 38, eff. 3-1-59; am. (6), Register, January, 1965, No. 109, eff. 2-1-65; r. and recr. (1), Register, August, 1976, No. 248, eff. 9-1-76; am. Register, March, 1979, No. 279, eff. 4-1-79; am. (1) and (5), Register, October, 1980, No. 298, eff. 11-1-80; am. (6), Register, November, 1980, No. 299, eff. 12-1-80; renum. (1) (d) to be (1) (f) and am. (intro)., cr. (1) (d), (e) and (g) and am. (6) (f), Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; correction in (9) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; CR 06-046: am. (1) (a) (intro.), renum. (1) (a) 1. to 15. and (b) to (j) to be (1) (b) 1. to 15. and (c) to (k), cr. (1) (a) 1. to 7. and (b) (intro.) Register April 2007 No. 616, eff. 5-1-07; CR 13-048: r. (7) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 134.14 Adjustment of bills {#sec-psc-134.14 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.14}

(1) Whenever a meter is found to have a weighted average error of more than 2% fast as tested in the manner specified in s. PSC 134.28, a recalculation of bills for service shall be made for the period of inaccuracy assuming an inaccuracy equal to the weighted average error. Weighted average error refers to 80% of the open rate plus 20% of the check rate. The recalculation shall be made on the basis that the service meter should be 100% accurate.

(2) If the period of inaccuracy cannot be determined, it shall be assumed that the full amount of inaccuracy existed during the last half of the period since the previous test was made on the meter; however, the period of accuracy shall not exceed one-half the required test period.

Note: If the meter test period is 15 years and the meter had been in service for 16 years, the period of accuracy shall be 7½ years, and the period of inaccuracy shall be 8½ years.

(3) If the average gas bill of a customer does not exceed $10 per month over the refund period the monthly consumption of which the refund is calculated may be averaged.

(4) If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer shall be a credit to the customer’s current bill. If the amount of the credit is greater than the current bill, the amount in excess of the current bill shall, at the discretion of the customer, be made in cash or as credit on future bills. If a refund is due a person no longer a customer of the utility, a notice shall be mailed to the last known address, and the utility shall upon request made within 3 months thereafter refund the amount due.

(5)

(a) Whenever a meter with a rated capacity of 400 cubic feet per hour (CFH) or more is found to have a weighted average error of more than 2% slow, the utility shall bill the customer for the amount the test indicates has been undercharged for the period of inaccuracy, which period shall not exceed the last 2 years the meter was in service unless otherwise ordered by the commission after investigation. No back billing for an inaccurate meter will be sanctioned for the following:

The customer has called to the company’s attention his or her doubts as to the meter’s accuracy and the company has failed within a reasonable time to check it.
The rated capacity of the meter is 399 cubic feet per hour (CFH) or less.
The amount of the backbill is less than $50.

(b) Backbilling shall be required for any size meter for any of the following circumstances.

The meter did not register.
An incorrect correction factor or meter constant was applied.
The meter or service were tampered with.
An incorrect index or gear ratio was applied.
Meters were switched between customers.
Rates were misapplied.

(6) A classified record shall be kept of the number and amount of refunds and charges made because of inaccurate meters, misapplication of rates, and erroneous billing. A summary of the record for the previous calendar year shall be submitted to the commission by April 1 of each year.

History

Cr. Register, 1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; am. (1), (2) and (4), renum. (5) to be (5) (a) and am., cr. (5) (b), Register, November, 1989, No. 407, eff. 12-1-89.

Wis. Admin. Code § PSC 134.15 Employees authorized to enter customers’ premises {#sec-psc-134.15 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.15}

The utility shall keep a record of employees authorized pursuant to s. 196.171, Stats., to enter customers’ premises.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59.

Wis. Admin. Code § PSC 134.16 Maps and diagrams {#sec-psc-134.16 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.16}

Each utility shall have maps, records, diagrams, and drawings showing the location of its property, in sufficient detail so that the adequacy of service to existing customers may be checked and facilities located.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59.

Wis. Admin. Code § PSC 134.17 Complaints {#sec-psc-134.17 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.17}

Each utility shall investigate and keep a record of complaints received by it from its customers in regard to safety, service, or rates, and the operation of its system. The record shall show the name and address of the complainant, the date and nature of the complaint, and its disposition and the date thereof. A summary of this record for the previous calendar year shall be sent to the commission by April 1 of each year. Each utility also shall document all contacts and actions relative to deferred payment arrangements and disputes.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; am. Register, March, 1979, No. 279, eff. 4-1-79.

Wis. Admin. Code § PSC 134.18 Record of interruption of service {#sec-psc-134.18 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.18}

(1) Each utility shall keep a record of all interruptions to service affecting an entire distribution system of any urban area or an important division of a community. The record shall show the date and time of interruption, the cause, the approximate number of customers affected, and the date and time of restoring service.

(2) Each utility shall keep a record of all failures and notifications of difficulty with transmitted gas supply affecting each gate station. The record shall show the date and time of failure or notification, the date and time of resumption of normal supply, the operation of standby equipment including amount of gas produced, the number of customers whose service was interrupted and the maximum and minimum gas supply pressure during the period of difficulty.

(3) A summary of records required by subs. (1) and (2) shall be sent to the public service commission by April 1 of each year.

(4) Each interruption of service which affects more than 100 customers shall be reported by mail, telephone, or telegraph to the commission within 48 hours following the discovery of the interruption.

(5) Any interruption of a principal gas supply shall be immediately reported to the commission by telephone or telegraph by the utility or utilities affected.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59.

Wis. Admin. Code § PSC 134.19 Meter records and reports {#sec-psc-134.19 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.19}

(1) Meter test records.

(a) A utility shall keep a record of a meter test whenever a meter is tested. The meter test record shall include all of the following:

Information identifying the meter.
The reason for making the test.
The reading of the meter before it was removed from service.
All the data that was taken at the time of the test.
The results of the test measurement.

(b) The meter test record must be sufficiently complete to permit convenient checking of the methods and calculations that have been employed.

Note: Meter test records need not be separately retained from meter history records provided that the meter test records are incorporated into the meter history records.”

(2) Meter history records.

(a) A utility shall keep a meter history record showing all of the following:

The date the meter was purchased.
The meter’s size.
Information identifying the meter.
The meter’s various places of installation, with dates of installation and removal.
The dates and results of all tests.
The dates and details of all repairs by the utility, or notations of the date and that the meter was returned to the manufacturer for repair.

(b) The record shall be arranged in such a way that the record for any meter can be readily located.

(3) Meter accuracy summaries. All utilities shall keep an “as found” high and light load test summary of all meters tested after being in service. This summary shall be made on a calendar year basis and forwarded to this commission by April 1 of the following year. This summary shall be divided according to the length of time since the last test, and meters found within each of the following per cent accuracy classifications:

(a) Over 115; 110.1-115; 105.1-110; 103.1-105; 102.1-103; 101.1-102; 100.1-101; 100; 99-99.9; 98-98.9; 97-97.9; 95-96.9; 90-94.9; 85-89.9; under 85; passing gas does not register; does not pass gas; not tested; grand total average % error of fast meters; average % error of slow meters; total average error; number tested, number in service.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; CR 13-033: r. and recr. (1), (2), cr. (3) (title) Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § PSC 134.20 Preservation of records {#sec-psc-134.20 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.20}

Note: See Federal Power Commission Orders 54 and 156 for preservation of records. Public Service Commission’s Classification of Accounts, and s. 18.01, Stats.

Note: * Note that if meter test records are being used as meter history records under PSC 134.19 (1) (c), the meter test records must be preserved for the time period required for meter history records.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; CR 13-033: am. Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § PSC 134.21 Heating values and specific gravity {#sec-psc-134.21 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.21}

(1) Each utility which is furnishing gas service shall have on file with this commission for each municipality served the heating value, specific gravity, and composition of each type of gas regularly supplied and also for the gas which may be used for standby purposes and the range of values for peak shaving. The heating value filed shall be the total heating value with the indication whether it is on a wet or dry basis. (See definitions in s. PSC 134.02.)

(2) All gases whether the regular gas supply, a mixture of gases or a substitute gas used for peak shaving purposes shall operate properly in normal gas utilization equipment. Where used for emergency or standby, the gas shall operate reasonably well in such equipment. (The customer requiring gas of a particular chemical composition shall make such arrangements as may be required to protect against damage by reason of change in composition.)

(3) The monthly average heating value of the gases as delivered to the customers in any service area shall not be less than the heating value standard on file with this commission and the heating value at any time at constant specific gravity shall not be more than 5% above or 4% below this standard. At constant heating value, the specific gravity of the gas shall not vary more than 10% from the standards filed with the commission. If the heating value is varied by a greater amount than specified, the specific gravity shall be varied in such a way that the gas will operate satisfactorily in the customer’s utilization equipment. Customers using processes that may be affected by a change in the chemical composition of the gas shall be notified of changes. Agreements with such customers shall specify the allowable variation in composition.

(4) For required periodic heating value tests see s. PSC 134.25. The specific gravity of the gas shall be determined at least once each month when there is no change in the type or sources of gas and when there is a change in the type of gas. Whenever emergency or peak shaving plants are ran or when mixed gases are used, daily determinations of specific gravity shall be made.

History

Cr. Register, February, 1959. No. 38, eff. 3-1-59.

Wis. Admin. Code § PSC 134.22 Purity of gas {#sec-psc-134.22 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.22}

(1) In no case shall gas contain more than 30 grains of sulphur per 100 standard cubic feet, 5 grains of ammonia per 100 standard cubic feet, nor more than 0.1 grain of hydrogen sulphide per 100 standard cubic feet. (Exception. If the gas is not to be placed in pipe or bottle type holders the hydrogen sulphide content may be 0.3 grains per 100 standard cubic feet.)

(2) Utilities supplying gas containing coal or water gas shall make quantitative determinations of total sulphur at least once every 6 months and qualitative hydrogen sulphide tests at intervals of 1 hour to 2 weeks depending upon the probability of this impurity being found.

(3) Utilities supplying liquefied petroleum gas, or liquefied petroleum air mixtures, or natural gas shall test the gas periodically for impurities or periodically obtain data concerning impurities from sources they believe the commission can accept as reliable.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59.

Wis. Admin. Code § PSC 134.23 Pressure variation {#sec-psc-134.23 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.23}

(1) Every utility supplying gas shall file with the commission a standard service pressure by service areas. The service pressure shall be of such a value that the maximum pressure at any outlet as specified below shall not be greater than 12 inches of water column except for customers utilizing high-pressure service.

(2) For customers receiving standard service pressure, the gas pressure at the outlet of the utility’s service meters shall meet the following requirements:

(a) At no outlet in the service area shall it ever be greater than one and one-fourth of the standard service pressure nor greater than 12 inches of water nor ever be less than one-half of the standard service pressure nor less than 4 inches of water.

(b) At any single outlet it shall never be greater than twice the actual minimum at the same outlet.

(3) For customers utilizing gas at high pressure, a service pressure shall be agreed upon by the utility and the customer, and the maximum pressure variation shall not exceed 15% of the agreed pressure unless the commission shall authorize a greater variation.

(4) No utility shall furnish gas to any customer at pressures higher than its filed standard service pressure until it has filed with the commission acceptable service rules governing high-pressure service to customers desiring to utilize gas at pressures higher than standard service pressure. Such service rules shall provide that the utility will make high-pressure service available to its customers upon request whenever high pressure gas is available at the customer’s premises or may be made available in accordance with the utility’s filed extension rules, and when such high pressure is required for proper operation of the customer’s present or proposed utilization equipment.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59.

Wis. Admin. Code § PSC 134.25 General use of calorimeter equipment {#sec-psc-134.25 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.25}

(1) Unless specifically directed otherwise a calorimeter shall be maintained at each gas producing or mixing plant whether the plant is in continuous operation or used only for standby or peak shaving purposes. The calorimeter shall be used to check the operation of the plant and shall measure the heating value of the gas going to the gas lines.

(2) Unless specifically directed otherwise calorimeters shall be maintained in operation in locations where the heating value of the gas can be measured from each different supplier.

(3) Unless specifically directed otherwise a calorimeter shall be maintained and used to measure the heating value of the gas actually sold to customers in those cases where mixed gases are used.

(4) Tests of heating value of the gas shall be made daily whenever gas is supplied at the calorimeter location unless specifically directed otherwise by the commission. The original records of the tests shall be dated, labeled and kept on file for 6 years. A copy of the daily average heating value of gas sold to customers shall be sent to the commission each calendar month.

(5) The calorimeter equipment shall be maintained so as to give results within + or - 1%. Recording calorimeters used to test or control the production or mixing of gas or measure the heating value of purchased gas when therm rates are not applicable shall be tested with a gas of known heating value at least 3 times a year or when the accuracy is in question. Recording calorimeters used only with standby or peak shaving production plants shall be tested with a gas of known heating value at least 2 times a year. Non-recording calorimeter equipment such as the Junkers shall be tested with a gas of known heating value at least once a year or tested against another calorimeter of known accuracy at least once a year.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; am. (5), Register, January, 1965, No. 109, eff. 2-1-65.

Wis. Admin. Code § PSC 134.251 Use of recording calorimeter for therm billing {#sec-psc-134.251 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.251}

(1) In the application of gas rates based on the therm, a recording calorimeter shall be used to determine the heating value of the gas being distributed to utility customers. These calorimeters will be located as set forth in s. PSC 134.25 (2) and (3). They shall have such accuracy characteristics as to be able to measure the heating value of the gas to within + or -2 B.t.u., shall be able to reproduce these readings to within +or - 2 B.t.u., and shall be able to hold their accuracy over an extended period of time. The instruments shall be installed in accordance with the manufacturer’s recommendations.

(2) Each utility selling gas shall file with the commission a complete installation report stating the following information: location of calorimeter, kind of gas tested, type of scale, uniform or split scale range, date installed, publication number of manufacturer’s applicable book of instructions, outline of the building, the location of the calorimeter or calorimeters within the building, the size, length, gas pressure, and general route of the gas sample pipe from the supply main to each calorimeter and location of all secondary equipment necessary for the operation of the recording calorimeter.

(3)

(a) Each utility selling gas shall keep a chronological record of dates and results of tests and operations performed on the calorimeter to test and maintain accuracy.

(b) Twice every month the following tests shall be made:

Two days of each month shall be selected for the performance of an “as found” accuracy test, mechanical tests, adjustments, and an “as left” accuracy test of each recording calorimeter, and thereafter the specified accuracy tests, adjustments, and maintenance work shall be performed on the same days of each month insofar as practicable.
In making the accuracy tests on the calorimeter, the utility shall use reference natural gas which has been certified by the Institute of Gas Technology before cleaning parts or making any adjustments to either the tank unit or the recorder mechanism. The change from line gas to the certified gas should be made so as to have a continuous chart recording. The inlet pressure used should be the same for both calibration and subsequent operation.
If the “as found” accuracy test is within + or -3 B.t.u., no adjustment will be required and the instrument may be returned to service. If the “as found” accuracy test is not within + or - 3 B.t.u., maintenance shall be performed to restore the accuracy of the instrument.
In order that adequate information concerning each cylinder of natural gas which is to be used for the semi-monthly check tests be available at all times, the following information shall be entered on a form or in a log book provided for the purpose and also on a label or tag securely attached to each cylinder in which the gas is stored:

a. Institute of Gas Technology Cylinder Number.

b. Institute of Gas Technology Certificate Number.

c. Date cylinder was certified.

d. Date cylinder was received by the utility.

e. Heating value certified by Institute of Gas Technology.

f. Basis of the heating value in subd. 4. e.

g. Heating value to be used in the semi-monthly accuracy tests. This heating value will not include any plus or minus values. For example, if the heating value is 1,000 + or - 0.9 B.t.u. per cubic foot, the heating value is 1,000 B.t.u. per cubic foot.

h. Basis of the heating value in subd. 4. g.

(5) The original chart records produced by the recording calorimeters shall be dated, labeled, and kept on file for 6 years. A copy of the daily average heating value of gas and the results of the semi-monthly“as found” and “as left” test shall be sent to the commission each calendar month.

(6) A gravitometer may be substituted for the calorimeter equipment required to control standby or peak shaving plants in subs. (1) and (5) provided the heat content of the standby or peak shaving gas produced does not directly affect the therm billing of the gas customer receiving it.

History

Cr. Register, January, 1965, No. 109, eff. 2-1-65; cr. (6), Register, July, 1983, No. 331, eff. 8-1-83.

Wis. Admin. Code § PSC 134.26 Meter testing and testing equipment {#sec-psc-134.26 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.26}

(1) Each public utility giving gas service is responsible for the accuracy of equipment used to measure service to its customers and all gas supplied by the utility shall be metered unless specific exemption is obtained from the public service commission. The utility shall own and maintain the equipment and facilities necessary for accurately testing the various types and sizes of meters used by the utility for the measurement of gas, shall make the tests required by these rules, shall maintain the measuring devices, and maintain their accuracy; unless arrangements are made to have the work done by others who have properly equipped laboratories, are approved by the commission and arrangements are also made to have equipment and procedures checked by the public service commission. A test by the manufacturer of a metering device is not acceptable unless witnessed by a utility representative.

(2) Each public utility giving gas service shall own and maintain, except as provided in sub. (1), a meter prover of sufficient capacity to test meters in accordance with s. PSC 134.28. The meter prover shall be complete with all accessories needed for accurate meter testing, shall be suitably located for meter testing, and shall be protected from drafts and excessive temperature changes. The equipment shall be maintained in good condition and correct adjustment and be capable of determining the accuracy of service meters to within one-half of one per cent. When the meter prover is used to test temperature-compensating meters, there shall be present a temperature-indicating device to accurately determine the temperature of the prover to within + or - 1° Fahrenheit.

(3) Each public utility giving gas service through turbine or rotary displacement type meters shall a) own and maintain, except as provided in sub. (1), a flow or volumetric meter of suitable capacity, together with necessary accessories, and it shall maintain such equipment in proper adjustment so that it will be capable of determining the accuracy of turbine or rotary displacement type meters to within one-half of one percent; or b) have a record of tests of each turbine or rotary displacement type meter made by an acceptable laboratory or by a manufacturer witnessed by a representative of the utility. The record should show that the test included a check of the recording device.

(4) Each public utility giving gas service through orifice type meters shall own and maintain, except as provided in sub. (1), instruments for checking the diameter of the orifice, a water column for testing the pressure differential recorder, and a mercury column or a dead weight gauge tester for testing the static pressure recorder so that the utility will be capable of determining the accuracy of these orifices and recorders to within one-half of one per cent.

(5) All instruments and equipment used for testing of meters shall be maintained in good condition and correct adjustment and be capable of determining the accuracy of service meters to within one-half of one percent. Bell type provers shall be checked at least once each 3 years against a standard by either the bottling or strapping method. All electrical and electronic equipment associated with testing equipment shall be tested every 6 months.

(6) A rotary displacement type meter, when used as a standard for testing other service meters, shall be given a differential test every 6 months. An original differential test record of the standard meter shall be established and all future differential test results shall be recorded and compared with the original test record. When the test differential pressure differs from the original test record by more than 25% at approximately 25% of the capacity of the meter, the meter shall be cleaned and/or repaired. All associated electrical equipment shall be tested before each series of tests. Associated pressure and temperature correction equipment shall be tested every 6 months.

(7) A diaphragm-type meter shall not be used as a standard for testing other service meters.

(8) The temperature in the proving and meter storage rooms shall not vary by more than ±3° Fahrenheit, or testing shall be stopped. If the proving equipment can compensate for a temperature differential between the proving equipment and the meter, then testing may be performed within the proving equipment temperature specification. The proving and meter storage rooms shall be equipped with a temperature recording device. A meter shall be stored in the temperature controlled area a minimum of 12 hours before being tested. The meter shop shall be kept in a clean and orderly manner.

History

Cr. Register, February, 1959. No. 38, eff. 3-1-59; am. (2), Register, January, 1965, No. 109, eff. 2-1-65.; am. (3) and (5), cr. (6) and (7), Register, April, 1969, No. 160, eff. 5-1-69; am. (2) and (5), cr. (8), Register, November, 1989, No. 407, eff. 12-1-89.

Wis. Admin. Code § PSC 134.27 Meter accuracies {#sec-psc-134.27 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.27}

All meters shall be set as close to 100% accurate as possible. Diaphragm meters shall be considered correct for service if the results of the multiple tests called for agree within 1% and no test shows an error of more than 1% fast or slow. Turbine and rotary displacement type meters shall be considered correct for service when tested at approximately 10% of rated flow with accuracy between 2% slow and 2% fast, and at approximately 100% flow with accuracy between 1% slow and 1% fast and in the case of turbine type meters, have a spin test time equal to or greater than that on file with the commission under s. PSC 134.28 (6). In orifice type meters, the deviations in the diameter of the orifice shall not exceed the following:

History

Cr. Register, February, 1959. No. 38, eff. 3-1-59; am. (intro.), Register, November, 1962, No. 83, eff. 12-1-62; am.(intro.), Register, April, 1969. No. 160, eff. 5-1-69.

Wis. Admin. Code § PSC 134.28 Meter testing {#sec-psc-134.28 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.28}

(1) Each meter test of a diaphragm type meter with a capacity of 2,400 cubic feet per hour or less shall consist of one proving at a rate of flow of 15 to 30% of the rated capacity of that meter and one proving at a rate of flow at 90 to 120% of the rated capacity of the meter. The capacity of the meter for test purposes shall be the capacity at one-half inch water column differential pressure.

(2) Each meter test of a diaphragm type meter having a capacity greater than 2,400 cubic feet per hour shall consist of one proving at a rate of flow of 15 to 30% of the rated capacity of that meter and one proving at a rate of flow of 90 to 120% of the rated capacity of the meter but not less than 2,500 cubic feet per hour. The capacity of the meter for test purposes shall be the capacity at one-half inch water column differential pressure.

(3) Rotary meters shall be tested at 2 loads with the minimum load at 10% of rating by the use of a portable or volumetric meter or other approved proving devices, or be given a differential test. In the latter case an original test record shall be set up immediately after installation; future differential test results shall be recorded and compared with the original test record.

(4) A test of an orifice meter shall consist of tests of the recording gauges, and the removal, inspection and measurement of the orifice.

(5) Temperature-compensated gas displacement meters when tested shall be proved to a base temperature of 60° Fahrenheit.

(6) Turbine-type meters shall be tested at 2 loads with the minimum load at 10% of rating by the use of a portable or volumetric meter or other approved proving devices, or be given a turbine blade, rotor and gear assembly spin test, either by manual or velocity rotation. Before a particular type turbine meter can be used, the manufacturer must file with and be accepted by the commission a minimum coasting time which will satisfactorily indicate the operating condition of the internal metering mechanism. For the spin test method a test record shall be set up; and the original and subsequent spin test results shall be recorded and compared with the specified minimum coasting time as filed with the commission for that type meter.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; am. (3), Register, November, 1962, No. 83, eff. 12-1-62; cr. (5), Register, January, 1965, No. 109, eff. 2-1-65; cr. (6), Register, April, 1969, No 160, eff. 5-1-69; am. (1) and (2), Register, November, 1989, No. 407, eff. 12-1-89.

Wis. Admin. Code § PSC 134.29 Installation test {#sec-psc-134.29 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.29}

No meter shall be used to meter gas consumption for billing purposes unless it was tested and found correct, as defined in s. PSC 134.27 not longer than 15 months previous to its use. The first test on a meter or a retest after a major overhaul shall include a check of the registering device and linkages.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; am. Register, April, 1969, No. 160, eff. 5-1-69.

Wis. Admin. Code § PSC 134.291 Statistical sample testing plan for new meters {#sec-psc-134.291 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.291}

The following new meter sample testing plan may be used for testing new meters instead of the new meter test requirements of s. PSC 134.26 (1), if the commission authorizes the adoption of the plan by a utility.

(1) Meters, as received from the manufacturer, shall be divided into homogeneous lots by manufacturers and types. The maximum number of meters in any lot may not exceed 1,000 or be less than 96. From each such lot assembled, there shall be drawn a coded sample size specified in Military Standard 414 (MIL-STD-414) dated 11 June 1957, as shown for the various group sizes using Inspection Level IV of Table A-2 on page 4 and a corresponding actual sample size as shown on Table B-3 on page 45. The sample shall be drawn by a random method that ensures that each meter in the lot has an equal chance of being selected.

(2) The test criterion for acceptance or rejection of each lot shall be based on a separate analysis conducted at both the open and check flow rate, as specified in s. PSC 134.28 (1) by means of the Standard Deviation Method, Double Specification Limit and with an Acceptable Quality Level (AQL) of .25 for the open accuracy analysis and an AQL of .40 for the check accuracy analysis as shown in Table B-3, MIL-STD-414, page 45. The statistical analysis calculations shall be made following the example on page 43 of MIL-STD-414 with the upper and lower specification limits U and L designated at 101% and 99% respectively.

(3) One nonregistering meter may be removed from the sample lot for analysis purposes and replaced with another randomly selected meter. If more than one meter in a sample is found not to be registering, the entire lot shall be rejected.

(4) A lot shall be deemed acceptable for installation if the total estimated percent defective (P) is less than the appropriate maximum allowable percent defective (M) as determined from Table B-3 under the procedures of sub. (2). All meters in an acceptable lot shall be deemed to have met the accuracy requirements of s. PSC 134.26 (1) for placement in service without further testing.

(5) A lot shall be considered rejected and not acceptable for installation if the total estimated percent defective (P) exceeds the appropriate maximum allowable percent defective (M) as determined from Table B-3 under the procedures of sub. (2). All meters in a rejected lot shall be tested and adjusted in accordance with the procedures of s. PSC 134.27 or replaced with meters meeting these requirements.

Note: Military Standard 414 is on file at offices of the Public Service Commission, Secretary of State and Legislative Reference Bureau offices.

History

Cr. Register, November, 1989, No. 407, eff. 12-1-89.

Wis. Admin. Code § PSC 134.30 Periodic testing and maintenance {#sec-psc-134.30 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.30}

Each utility shall test its meters according to the following schedule except as provided in s. PSC 134.26 (1). Where pressure regulators, volume corrective devices, or other measuring devices are used on the service or used in conjunction with the meters, they shall be tested on the same schedule as the meters.

(1) All diaphragm meters that are measuring dry gas and have non-absorptive type diaphragms or were rediaphragmed since the introduction of dry gas shall be due for removal from service, tested, adjusted, repaired if necessary, and retested if reused, every 180 months if the meter capacity is 2,400 cubic feet per hour or less at 1⁄2-inch water column and every 48 months if the capacity is greater than 2,400 cubic feet. Meters shall be tested during the calendar year in which said 180th or 48th month falls.

(2) All diaphragm meters that are measuring dry gas that do not have non-absorptive-type diaphragms and have not been rediaphragmed since the introduction of dry gas shall be removed from service, tested, adjusted, re-diaphragmed and retested within 48 months of the introduction of dry gas if the meter capacity is 2,400 cubic feet per hour at 1⁄2-inch water column and within 24 months if the capacity is greater than 2,400 cubic feet.

(3) All diaphragm meters that measure other than dry gas shall be removed from service, tested, adjusted, repaired, if necessary, and retested if reused every 96 months if the meter capacity is 2,400 cubic feet per hour or less at 1⁄2-inch water column and every 48 months if the capacity is greater than 2,400 cubic feet.

(4) Rotary meters having a capacity of 15,000 cubic feet per hour or less at 4 oz. water column pressure shall be given a differential test at least once every 96 months and once every 48 months if the capacity is greater than 15,000 cubic feet. When the differential differs from the original test record by more than 50%, the meter shall be cleaned and/or repaired.

(5) Orifice meters shall have their differential and static recording gauges tested at least once each month, the diameter and condition of the orifice checked at least once a year. The specific gravity of the gas shall be checked as required in s. PSC 134.21 (4), and any temperature recording devices tested annually.

(6) Turbine meters shall be given an inspection and spin test at least once every 12 months. When the coasting time is equal to or less than the specified minimum coasting time as on file with the commission, the meter shall be cleaned and/or repaired.

(7) Turbine meters which are capable of automatically adjusting shall be inspected and tested at least once every 12 months. They shall be tested in accordance with s. PSC 134.28 (6) or with the use of the meter manufacturer’s electronic field prover.

(8) Whenever an automatically adjusting turbine meter automatically adjusts the volume for plus or minus 5% or more while in operation at a steady flow rate of 10% or more of the meter’s rated capacity, the meter shall be cleaned and/or repaired.

(9) Whenever an automatically adjusting turbine meter is being tested at a steady flow rate of 10% or more of the meter’s rated capacity and indicates an error of plus or minus 1% or more, the meter shall be cleaned and/or repaired.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; am. (4), Register, November, 1962, No. 83, eff. 12-1-62; am. (1), Register, January, 1965, No. 109, eff. 2-1-65; am. (4) and cr. (6), Register, April, 1969, No. 160, eff. 5-1-69; cr. (7) to (9), Register, December, 1984, No. 348, eff. 1-1-85; am. (1) and (4), Register, November, 1989, No. 407, eff. 12-1-89.

Wis. Admin. Code § PSC 134.31 Request and referee tests {#sec-psc-134.31 omnilex-key=us-wi-regs-official--agency-psc--PSC 134.31}

(1) Each utility furnishing gas service shall make a test of the accuracy of any gas meter upon request of the customer, provided the customer does not request such test more frequently than once in 6 months. A report giving the results of each request test shall be made to the customer and the complete, original record shall be kept on file in the office of the utility. A customer or group of customers may not abuse the request test procedures. Abuse shall be determined by the commission.

(2) Any gas meter may be tested by a commission inspector upon written application of the customer. For such test, a fee shall be forwarded to the commission by the customer with the application. The amount of this fee shall be refunded to the customer by the utility if the meter is found to be more than 2% fast as determined in s. PSC 134.14 (1). The amount of the fee that is to be remitted for such tests shall be $5 for each consumption meter that has a rated capacity not exceeding 1,000 cubic feet per hour; for larger consumption meters, demand meters, etc., the test fee shall be the actual expense of the test.

(3) All referee meter tests shall include an inspection of the meter index by removing the index from the meter body. The dials, gears and all other parts of the index shall be visually inspected for wear, misalignment or other mechanical defects which would affect the accuracy of the meter on a continuing or sporadic basis. Any defects affecting the meter’s accuracy shall be noted and evaluated in the report of the test.

(4) Meter retention.

(a) After a customer requested test. When a utility performs a customer-requested test on a customer’s meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in “as tested” condition, at a designated location on the utility’s premises for at least one full billing period plus four weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

(c) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 134.17 or is notified about a dispute under s. PSC 134.064 involving meter accuracy, the utility shall keep the meter, in “as tested” condition, at a designated location on the utility’s premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

History

Cr. Register, February, 1959, No. 38, eff. 3-1-59; cr. (3), Register, July, 1983, No. 331, eff. 8-1-83; am. (2), Register, December, 1984, No. 348, eff. 1-1-85; am. (1) and (2), Register, November, 1989, No. 407, eff. 12-1-89; CR 13-033: am. (3), cr. (4) Register July 2015 No. 715, eff. 8-1-15.

Chapter PSC 135 GAS SAFETY

Subchapter I General Provisions

Wis. Admin. Code § PSC 135.011 Character of construction, maintenance, and operation {#sec-psc-135.011 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.011}

All gas transmission, distribution, regulated gathering, and utilization equipment and facilities shall be constructed, installed, operated, and maintained in a reasonably adequate and safe manner and as more specifically provided for in this chapter.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 24-056: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PSC 135.012 Facilities, inspection and repairs {#sec-psc-135.012 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.012}

All facilities shall be cleaned when necessary and inspected at such intervals as experience has shown to be necessary. Any facilities known to be defective so as to endanger life or property shall be promptly repaired, permanently disconnected, or isolated until repairs can be made. Construction, repairs, additions, and changes to gas transmission and distribution facilities shall be made by qualified persons only.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.013 Application of rules {#sec-psc-135.013 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.013}

(1) Every gas public utility and gas pipeline operator that operates gas transmission, distribution, or regulated gathering facilities in this state shall comply with this chapter.

(2) Waiving rules. The provisions of this chapter may be modified or waived by the public service commission. They may be so modified or waived in particular cases wherever shown to be impracticable for special reasons or where the advantage of uniformity with existing construction is greater than the advantage of construction in compliance with the rules providing the existing construction is reasonably safe or if equivalent or safer construction is secured in other ways.

(3) Temporary installations. It may sometimes be necessary to modify or waive certain of the provisions in this chapter in case of temporary installations or installations which are shortly to be dismantled or reconstructed. Such temporary construction may be used for a reasonable length of time provided it is under competent supervision while it or adjoining equipment is under pressure or if it is protected by suitable barriers or warning signs when accessible to any person, without fully complying with this chapter; but all such construction shall be made reasonably safe.

(4) Emergency. In case of emergency or pending decision of the public service commission, the person responsible for the installation may decide as to modification or waiver of any rule or order, subject to review by the public service commission.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 24-056: am. (1) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PSC 135.014 Protection of gas pipeline facilities {#sec-psc-135.014 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.014}

(1) A gas pipeline operator, upon receiving notice as provided in s. 66.0831 or 182.0175 (2m), Stats., of work which may affect its facilities used for serving the public shall:

(a) If the notice is of work covered by s. 66.0831, Stats., investigate and decide what action, if any, must reasonably be taken to protect or alter utility facilities in order to protect service to the public and to avoid unnecessary damage. The gas pipeline operator shall take such action as is reasonably necessary to protect, remove, alter, or reconstruct its facilities, and shall perform such work with reasonable dispatch taking into account the conditions to be met. Nothing in this paragraph shall affect any right which the gas pipeline operator may have to require advance payment or adequate assurance of payment of reasonable costs to the gas pipeline operator by the property owner or contractor.

(b) If the notice is of work covered by s. 182.0175 (2m), Stats., and is not covered by s. 66.0831, Stats., the gas pipeline operator shall respond as required by s. 182.0175 (2m), Stats.

(2) The gas pipeline operator may, in order to protect its interests, require that the owner or contractor perform certain work upon that part of the service piping or wiring on or being removed from the property upon which the excavating, building, or wrecking operations are being performed.

(3) This section is not intended to affect the responsibility of the contractor or owner, or the liability or legal rights of any party.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004, No. 578.

Wis. Admin. Code § PSC 135.015 Interference with gas pipeline facilities {#sec-psc-135.015 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.015}

(1) A gas pipeline operator having any work upon, over, along, or under any public street, highway or private property near existing gas pipeline facilities shall give reasonable notice to another public utility or operator and shall exercise care when working in close proximity to such existing facilities. Sections 66.0831 and 182.0175, Stats., shall be observed where applicable. In all other cases such notice shall provide another public utility or operator with a reasonable opportunity to protect or alter its facilities and such work shall not proceed without an agreement concerning the location and nature of the proposed work.

(2) Nothing in sub. (1) shall prevent a gas pipeline operator from proceeding as quickly as possible with any emergency construction work which might interfere with existing facilities.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004, No. 578.

Wis. Admin. Code § PSC 135.016 Leak survey reports {#sec-psc-135.016 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.016}

The federal department of transportation, office of pipeline safety, requires each operator of a distribution system or of a transmission system to submit an annual report for the preceding calendar year not later than March 15. The operators of such systems in this state shall submit a copy of these reports to the public service commission on or before the filing date as required by the federal regulations. In addition to this annual report and at the same time, the operators shall report the number of leaks which were found in customer-owned facilities by either a survey or complaint during the preceding calendar year.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.017 Over-pressure protection {#sec-psc-135.017 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.017}

Over-pressure protection is required by 49 CFR 192.197 and shall apply to all installations in this state.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.018 Master meter systems {#sec-psc-135.018 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.018}

No person may operate a master meter system, as defined under s. PSC 133.02 (8).

History

CR 24-056: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PSC 135.019 Adoption of federal minimum pipeline safety standards by reference {#sec-psc-135.019 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.019}

(1) The federal department of transportation, office of pipeline safety, pipeline safety standards, as adopted through June 28, 2024, and incorporated in 49 CFR Parts 191, 192, 193 and 199, including the appendices, are adopted as state pipeline safety standards and incorporated by reference into this chapter.

(2) State additions to the federal pipeline safety standards are shown in subch. II.

(3) Pursuant to s. 227.21, Stats., the attorney general has consented to the incorporation by reference of the provisions in 49 CFR Parts 191, 192, 193, and 199, including the appendices. Copies are on file at the office of the public service commission and the legislative reference bureau.

(4) All gas public utilities and gas pipeline operators shall file with the public service commission a copy of the manual of written procedures for conducting operations and maintenance activities and for emergency response required under 49 CFR 192.605(a). Each change in the manual shall be filed with the commission within 20 days after the change is made.

(5) Prior to constructing gas pipelines, all gas public utilities and gas pipeline operators shall have on file with the public service commission a copy of the construction specifications or standards required under 49 CFR 192.303, welding procedures required under 49 CFR 192.225, and joining procedures required under 49 CFR 192.273. Each change in the specifications, standards, or procedures shall be filed with the public service commission within 20 days after the change is made.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 03-099: am. (1) Register February 2004 No. 578, eff. 3-1-04; CR 06-106: am. (1) Register June 2007 No. 618, eff. 7-1-07; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register February 2011 No. 662; CR 12-042: am. (1) Register December 2012 No. 684, eff. 1-1-13; CR 14-052: am. (1) Register April 2015 No. 712, eff. 5-1-15; CR 16-084: am. (1) Register September 2017 No. 741, eff. 10-1-17; CR 21-049: am. (1), cr. (5) Register March 2022 No. 795, eff. 4-1-22; CR 24-056: am. (1), (3) Register July 2025 No. 835, eff. 8-1-25; correction in (3) made under s. 35.17, Stats., Register July 2025 No. 835.

Subchapter II Additions to 49 CFR Part 192

Wis. Admin. Code § PSC 135.053 General additions [49 CFR 192.53] {#sec-psc-135.053 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.053}

(1) After 49 CFR 192.53(a), insert:

(2) After 49 CFR 192.53(c) insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.08 Determination of onshore gathering pipelines and regulated onshore gathering pipelines additions [49 CFR 192.8] {#sec-psc-135.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.08}

After 49 CFR 192.8(a)(5), insert:

History

CR 24-056: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PSC 135.125 Design of copper pipe addition [49 CFR 192.125] {#sec-psc-135.125 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.125}

After 49 CFR 192.125(d), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.163 Compressor stations: design and construction additions [49 CFR 192.163] {#sec-psc-135.163 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.163}

(1) After 49 CFR 192.163(b), insert:

(2) After 49 CFR 192.163(c), insert:

(3) After 49 CFR 192.163(e), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004, No. 578; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; correction in (2) and (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2012 No. 684; CR 21-049: am. (1) Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.171 Compressor stations: additional safety equipment addition [49 CFR 192.171] {#sec-psc-135.171 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.171}

After 49 CFR 192.171(a), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction made under s. 13.92 (4) (b) 6., Stats., Register December 2018 No. 756.

Wis. Admin. Code § PSC 135.173 Compressor stations: ventilation addition [49 CFR 192.173] {#sec-psc-135.173 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.173}

After the text in 49 CFR 192.173, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2012 No. 684.

Wis. Admin. Code § PSC 135.181 Distribution line valves addition [49 CFR 192.181] {#sec-psc-135.181 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.181}

After 49 CFR 192.181(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.183 Vaults: structural design requirements additions [49 CFR 192.183] {#sec-psc-135.183 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.183}

After 49 CFR 192.183(c), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.187 Vaults: sealing, venting, and ventilation addition [49 CFR 192.187] {#sec-psc-135.187 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.187}

After 49 CFR 192.187(a)(3), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.189 Vaults: drainage and waterproofing additions [49 CFR 192.189] {#sec-psc-135.189 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.189}

(1) After 49 CFR 192.189(a), insert:

(2) After 49 CFR 192.189(c), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2012 No. 684.

Wis. Admin. Code § PSC 135.195 Protection against accidental overpressuring additions [49 CFR 192.195] {#sec-psc-135.195 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.195}

After 49 CFR 192.195(b)(2), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; corrections made under s. 13.93 (2m) (b) 7., Stats., Register February 2004, No. 578; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.

Wis. Admin. Code § PSC 135.197 Control of the pressure of gas delivered from high-pressure distribution systems additions [49 CFR 192.197] {#sec-psc-135.197 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.197}

After 49 CFR 192.197(c), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.199 Requirements for design of pressure relief and limiting devices additions [49 CFR 192.199] {#sec-psc-135.199 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.199}

(1) After 49 CFR 192.199(e), insert:

(2) After 49 CFR 192.199(h), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004, No. 578.

Wis. Admin. Code § PSC 135.206 Addition [49 CFR 192.206w] {#sec-psc-135.206 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.206}

After 49 CFR 192.205, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: PSC 135.206 renum. from PSC 135.204 and am. Register March 2022 No. 795 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.246 Addition [49 CFR 192.246w] {#sec-psc-135.246 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.246}

After 49 CFR 192.245, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.279 Copper pipe addition [49 CFR 192.279] {#sec-psc-135.279 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.279}

After the text in 49 CFR 192.279, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.307 Inspection of materials addition [49 CFR 192.307] {#sec-psc-135.307 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.307}

After the text in 49 CFR 192.307, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.309 Repair of steel pipe addition [49 CFR 192.309] {#sec-psc-135.309 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.309}

After 49 CFR 192.309(e), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.319 Installation of pipe in a ditch additions [49 CFR 192.319] {#sec-psc-135.319 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.319}

(1) After 49 CFR 192.319(a), insert:

(2) After 49 CFR 192.319(b)(2), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 24-056: am. (1), r. (3) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PSC 135.321 Installation of plastic pipe additions [49 CFR 192.321] {#sec-psc-135.321 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.321}

(1) After 49 CFR 192.321 (f), insert:

(2) After 49 CFR 192.321 (i), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049; renum. 135.321 to (1), (2) and am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.323 Casing addition [49 CFR 192.323] {#sec-psc-135.323 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.323}

After 49 CFR 192.323(d), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.324 Addition [49 CFR 192.324w] {#sec-psc-135.324 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.324}

After 49 CFR 192.323, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.325 Underground clearance addition [49 CFR 192.325] {#sec-psc-135.325 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.325}

After 49 CFR 192.325(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.355 Customer meters and regulators: protection from damage additions [49 CFR 192.355] {#sec-psc-135.355 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.355}

(1) After 49 CFR 192.355(a), insert:

(2) After 49 CFR 192.355(b)(3), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.365 Service lines: location of valves addition [49 CFR 192.365] {#sec-psc-135.365 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.365}

After 49 CFR 192.365(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.371 Service lines: steel addition [49 CFR 192.371] {#sec-psc-135.371 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.371}

After the text in 49 CFR 192.371, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.377 Service lines: copper additions [49 CFR 192.377] {#sec-psc-135.377 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.377}

After the text in 49 CFR 192.377, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.457 External corrosion control: buried or submerged pipelines installed before August 1, 1971 addition [49 CFR 192.457] {#sec-psc-135.457 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.457}

After 49 CFR 192.457 (b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.505 Strength test requirements for steel pipeline to operate at a hoop stress of 30 percent or more of SMYS addition [49 CFR 192.505] {#sec-psc-135.505 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.505}

After 49 CFR 192.505 (d), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.511 Test requirements for service lines addition [49 CFR 192.511] {#sec-psc-135.511 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.511}

After 49 CFR 192.511(c), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.613 Continuing surveillance additions [49 CFR 192.613] {#sec-psc-135.613 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.613}

After 49 CFR 192.613(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.614 Damage prevention program addition. [49 CFR 192.614] {#sec-psc-135.614 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.614}

After 49 CFR 192.614 (e), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.621 Maximum allowable operating pressure: high-pressure distribution systems additions [49 CFR 192.621] {#sec-psc-135.621 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.621}

(1) After 49 CFR 192.621(a)(3), insert:

(2) After 49 CFR 192.621(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. (1) Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.623 Maximum allowable operating pressure: low-pressure distribution systems addition [49 CFR 192.623] {#sec-psc-135.623 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.623}

After 49 CFR 192.623(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.629 Purging of pipelines addition [49 CFR 192.629] {#sec-psc-135.629 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.629}

After 49 CFR 192.629(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.707 Line markers for mains and transmission lines addition [49 CFR 192.707] {#sec-psc-135.707 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.707}

After 49 CFR 192.707(d), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.711 Transmission lines: General requirements for repair procedures addition [49 CFR 192.711] {#sec-psc-135.711 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.711}

After 49 CFR 192.711(a)(2), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99 CR 21-049: PSC 135.714 renum. from PSC 135.720 and am. Register March 2022 No. 795, eff. 4-1-22; CR 24-056: PSC 135.711 renum. from PSC 135.714 and am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PSC 135.713 Transmission lines: permanent field repair of imperfections and damages addition [49 CFR 192.713] {#sec-psc-135.713 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.713}

After 49 CFR 192.713 (a) (2), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.722 Addition [49 CFR 192.722w] {#sec-psc-135.722 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.722}

After 49 CFR 192.721, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.723 Distribution systems: leakage surveys additions [49 CFR 192.723] {#sec-psc-135.723 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.723}

After 49 CFR 192.723(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.724 Addition [49 CFR 192.724w] {#sec-psc-135.724 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.724}

After 49 CFR 192.723, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.727 Abandonment or deactivation of facilities addition [49 CFR 192.727] {#sec-psc-135.727 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.727}

After 49 CFR 192.727 (g), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22; CR 24-056: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PSC 135.735 Compressor stations: storage of combustible materials addition [49 CFR 192.735] {#sec-psc-135.735 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.735}

After 49 CFR 192.735(b), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2012 No. 684; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

Wis. Admin. Code § PSC 135.741 Pressure limiting and regulating stations: telemetering or recording gauges addition [49 CFR 192.741] {#sec-psc-135.741 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.741}

After 49 CFR 192.741(c), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.744 Addition [49 CFR 192.744w] {#sec-psc-135.744 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.744}

After 49 CFR 192.743, insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § PSC 135.747 Valve maintenance: distribution systems addition [49 CFR 192.747] {#sec-psc-135.747 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.747}

After the text in 49 CFR 192.747 (a), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 21-049: am. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § PSC 135.751 Prevention of accidental ignition addition [49 CFR 192.751] {#sec-psc-135.751 omnilex-key=us-wi-regs-official--agency-psc--PSC 135.751}

After 49 CFR 192.751(c), insert:

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Chapter PSC 136 ELECTRIC AND GAS CONSERVATION

Wis. Admin. Code § PSC 136.01 General {#sec-psc-136.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 136.01}

The requirements of ch. PSC 136 shall be observed by all public utilities, both privately and publicly owned, engaged in the manufacture, mixing, purchasing, storage, transmission and/or distribution of gaseous fuel, or the supply of electric energy and provision of electric service, except as may be provided in ss. PSC 136.04 and 136.06.

History

Emerg. cr. eff. 11-1-79; cr. Register, February, 1980, No. 290, eff. 3-1-80; am. (2), Register, February, 1985, No. 350, eff. 3-1-85; CR 06-046: r. (1), renum. (2) to be PSC 136.01 Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § PSC 136.02 Definitions {#sec-psc-136.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 136.02}

In this chapter:

(1) “Accessible” means capable of being reached without removal or major alteration of any part or parts of the permanent structure.

Note: Accessible areas include uninsulated areas which can be drilled and plugged.

(2) “Conversion” means installation of a permanent electric or gas spaceheating system to replace in whole or in part a spaceheating system which used a different fuel.

Note: Conversion includes installation of a dual-fuel or add-on heat pump system but does not include installation of gas or electric heat in new additions to an existing residential structure.

(3) “Energy audit” means an energy use analysis for spaceheating which complies with the Residential Conservation Service program for the heating system which has been or will be installed.

(4) “Existing residential structure” means a one or two-family dwelling constructed prior to December 1, 1978.

(5) “Spaceheating system” means equipment which uses gas or electric energy either directly or through mechanical processes to provide heat for space conditioning.

(6) “Unheated area” means a space which is thermally isolated outside a building envelope.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85.

Wis. Admin. Code § PSC 136.04 Conservation standards for converting existing structures to natural gas spaceheating service {#sec-psc-136.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 136.04}

(1) The provisions of this section shall apply only to those investor-owned utilities set forth below:

(b) Madison Gas and Electric Company.

(d) Superior Water, Light and Power Company.

(e) Wisconsin Electric Power Company.

(f) Wisconsin Gas LLC.

(h) Wisconsin Power and Light Company.

(i) Wisconsin Public Service Corporation.

(2) Nothing in this section shall preclude special and individual consideration being given to exceptional or unusual situations. The rule may be modified or waived by the public service commission in particular cases whenever said rules are shown to be impracticable for special reasons. Upon due investigation of the facts and circumstances involved and after hearing if required, the commission may order requirements as to individual utilities or service which shall be lesser, greater, other or different from those provided in the rules of this section.

(3) Before natural gas spaceheating service can be rendered to existing residential structures converting to a gas spaceheating system, each utility listed in sub. (1) shall perform an energy audit and require that the following conservation standards be met:

(a) Ceiling or attic insulation: If a structure has insulating material with insulation value less than R-19, the customer shall install insulation to a level of R-38. If insulation materials equal to a level of R-38 cannot be installed because of inadequate space between the ceiling and the roof, then as much insulation as space permits shall be installed. Exception: If the structure has existing insulation material with a value of R-11 or more and the customer is installing batt insulation, the customer need only install additional insulation material with a value of R-19.

(b) Sill box area insulation shall be installed to a level of R-19, unless physically impractical.

(c) Floor insulation over vented crawl spaces or unheated basements shall reach a level of R-19. In a heated crawl space, insulation materials with an R factor of at least 5 shall be installed on the walls.

(d) In unheated areas, insulation shall be installed on all heating ducts, cold air returns, and hot water pipes.

(e) Windows shall be double-glazed or have storms.

(f) All doors exposed to the outside atmosphere shall have a storm door or equivalent insulated door.

(g) Weatherstripping shall be installed on all movable doors and windows exposed to an unheated space. Caulking shall be installed whenever 2 different materials or parts of a structure meet, such as chimney openings, around windows and doors, etc.

(h) If a new central heating unit is to be installed, the equipment shall meet the energy efficiency requirements of s. Comm 22.13, which are as follows: Combustion spaceheating equipment shall be provided with electronic ignition and automatic flue dampering, except sealed combustion equipment or equipment located in enclosures and provided with combustion air need not be provided with flue dampering.

Note: Section Comm 22.13 no longer exists.

(i) Ventilation above the ceiling/attic insulation shall be installed. The free ventilating area shall be at least 1/300 of the horizontal area. One half of the venting should be near the eaves and the other half near the top of the roof.

(j) If a structure is unable to meet all required standards, other methods of energy conservation may be substituted such that the energy savings will be the same or greater. This substitution shall be based on heat loss calculations performed in a normally accepted manner. Such substitutions may include but are not limited to the following:

Furnace modifications as suggested by the utility; or
Insulation materials equal to R-5 on the inside walls of a heated basement.

(4) Before natural gas service can be rendered for commercial or industrial spaceheating use in buildings constructed before July 1, 1978, each utility listed in sub. (1) shall require that the following conservation standards be met:

(a) Design heat loss, excluding infiltration and ventilation, through above-grade gross walls and roofs facing heated interiors shall not exceed 13 BTU per hour per square foot for the total building envelope;

(b) If a building exceeds the heat loss of par. (a), the building may receive gas service provided that it demonstrates additional innovative building or system designs that will reduce fuel consumption to a level equal to or less than fuel consumption which results from complying with par. (a);

(c) All exterior windows and doors shall be designed to limit leakage into or from the building and shall be weatherstripped; and

(d) Special use buildings such as greenhouses, inflatable structures, and the like, or any building exempt from the heating and ventilating requirements of ch. SPS 363 are exempt from these requirements.

(5) Prior to rendering natural gas spaceheating service to an existing rental unit, as defined in s. SPS 367.04 (17), which is converting to natural gas spaceheating, each utility shall inform the rental unit owner of the additional energy efficiency requirements of s. SPS 367.11. The requirement of this subsection is in addition to subs. (3) and (4).

Note: Chapter SPS 367 has been repealed.

History

Emerg. cr. eff. 5-2-80; cr. Register, January, 1981, No. 301, eff. 2-1-81; cr. (5), Register, December, 1983, No. 336, eff. 1-1-84; reprinted to correct error, Register, June, 1984, No. 342; am. (3), Register, February, 1985, No. 350, eff. 3-1-85; corrections in (3) (h) and (4) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, December 2003, No. 576; CR 06-046: r. (1) (a), (g) and (j), am. (1) (b) to (f), (h) and (i) Register April 2007 No. 616, eff. 5-1-07; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; correction in (4) (d), (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2012 No. 684.

Wis. Admin. Code § PSC 136.06 Conservation standards for conversion of an existing residential structure to an electric spaceheating system {#sec-psc-136.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 136.06}

(1) The provisions of this section shall apply only to those investor-owned utilities set forth below:

(a) Lake Superior district power company.

(b) Madison gas and electric company.

(d) Superior water, light and power company.

(e) Wisconsin electric power company.

(f) Wisconsin power and light company.

(g) Wisconsin public service corporation.

(2) Nothing in s. PSC 136.06 shall preclude special and individual consideration being given to exceptional or unusual situations. The rule may be modified or waived by the public service commission in particular cases whenever it is shown to be impracticable for special reasons. Upon due investigation of the facts and circumstances involved and after hearing if required, the commission may order requirements as to individual utilities or service which shall be lesser, greater, other, or different from those provided in the rules of this section.

(3) Before electric spaceheating service may be furnished to an existing residential structure converting to an electric spaceheating system, each utility listed in sub. (1) shall perform an energy audit and require that the following conservation standards be met:

(a) Ceiling or attic. If the structure has ceiling or attic insulating material with insulation value less than R-19, the customer shall install insulation to a level of R-38. If inadequate space exists between ceiling and roof to install insulation to the level of R-38, then the customer shall install as much insulation as space permits.

Note: If the structure’s ceiling or attic is insulated to a value of not less than R-11 and the customer chooses to add batt insulation, the additional insulation need only have a value of R-19.

(b) Sill box. Sill box area insulation shall be installed to a level of R-19, unless physically impractical.

(c) Floor. In accessible areas, floor insulation over vented crawl spaces or unheated basements shall be installed to a level of R-19. In heated crawl spaces, insulation with an R factor of 5 shall be installed on the walls.

(d) Unheated areas. In unheated areas, insulation shall be installed on all heating ducts, cold air returns, and hot water pipes.

(e) Windows. Windows shall be double-glazed or have storms.

(f) Outside doors. Each door exposed to the outside atmosphere shall have a storm door or equivalent insulated door.

(g) Weatherstripping and caulking. Weatherstripping shall be installed on all movable doors and windows exposed to an unheated space. Caulking shall be installed whenever two different materials or parts of a structure meet, such as areas around chimney openings, around windows and doors, and similar areas.

(h) Side walls. Where no insulation exists in accessible outside walls, side wall insulation of R-11 shall be installed.

(i) Ventilation. A free ventilating area of not less than 1/300 of the horizontal area shall be installed above ceiling or attic insulation.

Note: One-half of venting near the eaves and the other half near the top of the roof is recommended. Where no vapor barrier is present, a free ventilating area of not less than 1/150 of the horizontal area is recommended.

(j) Substituted standards. For existing residential structures unable to meet the conversion standards required by this section, other methods of energy conservation may be substituted if the energy savings are equivalent. Substitutions shall be based on heat loss calculations performed by the utility.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85.

Wis. Admin. Code § PSC 136.10 Disconnection or refusal of service {#sec-psc-136.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 136.10}

Gas or electric service may be disconnected or refused for failure to comply with the regulations contained in this chapter as specified in ss. PSC 113.0301 and 134.062. If a customer has converted without notifying the appropriate utility and has failed to comply with the requirements of s. PSC 136.06, the utility may allow the customer not more than 6 months to comply with those requirements.

History

Emerg. cr. eff. 11-1-79; cr. Register, February, 1980, No. 290, eff. 3-1-80; am. Register, February, 1985, No. 350, eff. 3-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December 2003, No. 576.

Chapter PSC 137 ENERGY EFFICIENCY AND RENEWABLE RESOURCE PROGRAMS

Wis. Admin. Code § PSC 137.01 Definitions {#sec-psc-137.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.01}

The definitions specified in s. 196.374 (1), Stats., apply to this chapter. In addition, in this chapter:

(1) “Attribution” means each of the following:

(a) The amount of energy savings or renewable resource energy production that a program participant would have achieved even in the absence of the energy efficiency or renewable resource program.

(b) The amount of energy savings or renewable resource energy production that is directly attributable to the influence of the energy efficiency or renewable resource program but is not included in the program.

(2) “Commission” means the public service commission.

(3) “Division administrator” means the administrator of the division of gas and energy in the public service commission, or a designee.

(4) “kW” means kilowatt.

(5) “kWH” means kilowatt-hour.

(6) “Municipal utility” has the meaning provided in s. 16.957 (1) (q), Stats.

(7) “Net cost-effectiveness” means the extent to which an energy efficiency program or a renewable resource program is cost-effective, after being adjusted for attribution.

(8) “Program administrator” means a person who contracts with the energy utilities to develop and administer the statewide programs under s. 196.374 (2) (a) 1., Stats.

(9) “Retail electric cooperative” has the meaning provided in s. 16.957 (1) (t), Stats.

(10) “Statewide programs” means the energy efficiency and renewable energy programs specified in s. 196.374 (2) (a) 1., Stats.

(11) “Working day” has the meaning provided in s. 227.01 (14), Stats.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.02 Program administrator solicitation and public notice {#sec-psc-137.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.02}

(1) Competitive solicitation. Energy utilities soliciting proposals for a program administrator under s. 196.374 (2) (a) 1., Stats., shall ensure that all solicitations are conducted in a manner that is fair and promotes competition.

(2) Public notice.

(a) Energy utilities shall provide reasonable public notice of all solicitations of program administrator proposals under s. 196.374 (2) (a) 1., Stats. The energy utilities may provide this notice through the print, broadcast, or telecommunications media, including the internet. The notice period the energy utilities select is subject to the commission’s prior approval.

(b) The notice shall include the purpose of the solicitation, selection criteria, application procedures, and all applicable solicitation deadlines that an applicant is required to meet, or shall contain instructions for obtaining this information.

(3) Application requirements. Anyone applying to be a program administrator shall submit the application to the energy utilities or the commission, as directed in the notice provided under this section. Applications that are incomplete, filed late, or not executed by an individual with the authority to act on the applicant’s behalf shall be rejected.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.03 Program administrator selection {#sec-psc-137.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.03}

(1) Role of the program administrator. The program administrator shall oversee a portfolio of energy efficiency and renewable resource statewide programs, in which other market providers and contractors implement measures with end-use customers.

(2) Selection criteria. Prior to the solicitation of a program administrator under s. 196.374 (2) (a) 1., Stats., the energy utilities shall submit their proposed criteria for evaluating proposals and selecting a program administrator to the commission. These criteria shall evaluate the following:

(a) The qualifications and financial soundness of a proposed program administrator and any proposed administrative subcontractor.

(b) The previous performance of a proposed program administrator and any proposed administrative subcontractor.

(c) The technical feasibility and quality of the proposed work plan, including the feasibility of proposed goals, performance measures, and environmental and economic benefits identified as objectives in the proposal.

(d) Compliance with each of the policies and goals the commission identifies for the statewide energy efficiency program.

(e) Other factors the commission considers relevant.

(3) Approved, modified, or rejected selection criteria. The energy utilities’ proposed selection criteria are subject to the commission’s prior approval. The commission may modify or reject the proposed selection criteria within 20 working days after it receives them. If the commission does so, it shall explain its reasons in writing. The energy utilities may propose a new criterion to replace any modified or rejected criterion. If the commission does not modify or reject any of the proposed selection criteria within 20 working days after receiving them, they are deemed approved.

(4) Notice to commission when program administrator is selected. The energy utilities shall notify the commission in writing of their selection of a program administrator. The energy utilities may negotiate a combination of proposals from various administrators, if they determine that such a combination would better meet the objectives of the statewide program.

(5) Commission approval of program administrator. The commission shall, in writing and within 40 working days after it receives the energy utilities’ notice under sub. (4), approve or reject for cause a program administrator whom the energy utilities selected.

(6) Right to protest. If the energy utilities dispute the commission’s rejection of a selected program administrator under sub. (5), they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 20 working days after they receive notice of the commission’s rejection. The division administrator may settle and resolve any protest brought under this subsection. If the protest cannot be resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.

(7) Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under sub. (6), appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

(8) Contract status. The energy utilities may not sign a contract with a proposed program administrator during the 40 working days when the commission can review the energy utilities’ proposed selection under sub. (5) or while a protest or appeal is pending under sub. (6) or (7). The commission may void any contract for the selection of a program administrator that is signed during these periods.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.04 Collective statewide program contracts {#sec-psc-137.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.04}

(1) Notice to commission and contract requirements.

(a) The energy utilities shall notify the commission in writing of their intent to sign a collective contract for statewide programs with a program administrator and shall submit a copy of the proposed contract to the commission for its approval.

(b) The contract shall include the following:

A requirement that the statewide programs shall comply with the policies and goals issued by the commission.
A requirement that the statewide programs shall comply with s. PSC 137.05.
Performance indicators and minimum performance standards.
Any other provision the commission may require.

(2) Commission approval of contract.

(a) The commission shall, in writing and within 40 working days after receiving the energy utilities’ notice under sub. (1), approve, approve with modifications, or reject a proposed contract.

(b) Upon receiving notice from the commission that it has approved a statewide program contract, the energy utilities shall sign the contract with a program administrator.

(c) Upon receiving notice from the commission that it has approved with modifications a statewide program contract, the energy utilities may sign a modified contract with a program administrator.

(3) Right to protest. If the energy utilities dispute the commission’s modification or rejection of a proposed contract under sub. (2) they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 10 working days of the receipt of the commission’s rejection or modification of a proposed contract. The division administrator may settle and resolve any protest brought under this subsection. If the protest is not resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.

(4) Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under sub. (3), appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

(5) Contract status. The energy utilities may not sign a contract for statewide programs while the commission is reviewing the energy utilities’ proposed contract under sub. (2) or while a protest or appeal is pending under sub. (3) or (4). The commission may void any contract for statewide programs that the energy utilities sign during these periods.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.05 Minimum requirements of statewide energy efficiency and renewable energy programs {#sec-psc-137.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.05}

(1) Programs for all customers. The statewide programs shall address the energy efficiency and renewable resource needs of all customers of participating energy utilities, municipal utilities, and retail electric cooperatives, except for the energy efficiency needs of those customers served by a utility-administered program under s. PSC 137.07 or a large energy customer self-directed program under s. PSC 137.09.

(2) Renewable resource programs for large customers. The statewide programs shall use a portion of the utility revenues collected from each large energy customer, including large energy customers who are participating in a self-directed energy efficiency program under s. PSC 137.09 and large commercial, industrial, institutional, or agricultural customers as defined in s. PSC 137.07 (1), to provide renewable resource programs to these customers.

(3) Environmental benefits. The statewide programs shall deliver programs that result in environmental benefits, as identified by the commission, either on-site or at the generation level.

(4) Programs for local units of government and agricultural producers.

(a) The statewide programs shall allocate at least 10 percent of the moneys collected under s. 196.374 (3) (b) 2., Stats., to programs to increase the energy efficiency of local units of government and agricultural producers. These programs are required to pass a portfolio level test of net cost-effectiveness, as determined by the commission.

(b) If the commission determines that the energy utilities cannot spend the full amount of moneys under par. (a) on cost-effective programs to serve local units of government and agricultural producers in any program year, the energy utilities shall allocate these unspent funds to programs to serve commercial, institutional, and industrial customers in the following program year.

(5) Promoting markets. The statewide programs shall include initiatives and strategies that address the needs of individuals or businesses facing the most significant barriers, as determined by the commission, to creating or participating in markets for energy efficiency and renewable resource products and services.

(6) Environmental and economic impacts of energy use. The statewide programs shall initiate and fund research and development projects, at the direction of the commission, that support sound public policy and provide information to policymakers, program administrators, utilities, and the public about the environmental and economic impacts of energy generation, delivery, and use.

(7) Effective program delivery. The statewide programs shall initiate and fund market research projects that support and enhance the effective delivery of statewide programs. These projects shall be coordinated with the commission and with the independent third-party evaluator who contracts with the commission, as provided in sub. (12), to avoid any conflicts of interest. A statewide program administrator may not conduct any market research related to establishing quantitative baseline data or related to studying the availability of energy efficiency savings if the research is used to measure program impacts.

(8) Grant and benefit opportunities. The statewide programs shall provide an equivalent opportunity for all eligible customers to participate. Statewide programs shall provide each customer class, on an annual basis, the opportunity to receive grants and benefits in an amount equal to that recovered from the customer class. If a customer is participating in a self-directed program under s. PSC 137.09, that customer’s participation in the statewide programs shall be limited to the amount of revenues that the customer contributes to them through s. 196.374 (3) (b) 2., Stats. Statewide programs shall coordinate with utility-administered, voluntary utility energy efficiency and renewable resource programs, ordered programs, and large energy customer self-directed programs to avoid duplication of effort and of program offerings in overlapping territories.

(9) Data collection. The program administrator shall, using the commission’s database tracking and reporting system, collect and record for each program, by customer class:

(a) KW, kWH, and therm savings.

(b) Performance metrics.

(d) All administrative and program delivery costs.

(e) Any other information the commission requests.

(10) Data to commission and independent evaluator. The program administrator shall provide all information and data collected through statewide programs to the commission and the independent third-party evaluator upon request.

(11) Priorities. The program administrator shall assign priority status to implementing programs that reduce growth in electric and natural gas demand and usage, facilitate energy efficiency and renewable resource market development, help market providers achieve higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.

(12) Cost-effectiveness. The program administrator shall deliver energy efficiency and renewable resource programs that pass a portfolio level test of net cost-effectiveness, as determined by the commission. The program administrator shall screen each energy efficiency and renewable resource program for net cost-effectiveness at least once a year. An independent third party, contracted by the commission, shall conduct all market assessment and evaluation activities necessary to measure the impact and cost-effectiveness of all statewide programs. The commission’s administration of the evaluation contract shall be paid by funds from the statewide energy efficiency and renewable resource programs, at a level determined by the commission.

(13) Performance goals and reporting. The commission shall, in consultation with the program administrator, establish annual and multi-year performance goals for the statewide programs. These goals shall be consistent with commission goals, priorities, and measurable targets under s. 196.374 (3) (b) 1., Stats. The program administrator shall provide monthly activity reports and semiannual performance results to the commission.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.06 Procedures to receive contributions from municipal utilities and retail electric cooperatives {#sec-psc-137.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.06}

(1) Invoice forms. The energy utilities shall design invoice forms for municipal utilities and retail electric cooperatives that elect to contribute the fees they charge under s. 196.374 (7) (a) and (b) 2., Stats., to statewide programs. The participating municipal utilities and retail electric cooperatives shall use these forms to send in their collections.

(2) Procedures for fee contributions to statewide programs.

(a) At the end of each quarter, each participating municipal utility and retail electric cooperative shall inform the energy utilities of the dollar amount of fees it has collected for energy efficiency programs in the previous quarter. Participating municipal utilities and retail electric cooperatives shall deliver this information to the energy utilities within 15 working days after the quarter concludes.

(b) The energy utilities shall verify the amount collected by each participating municipal utility or retail electric cooperative.

(c) When the energy utilities have received the information specified in par. (a), they shall produce an invoice for each participating municipal utility or retail electric cooperative and deliver the invoice to the municipal utility or retail electric cooperative.

(d) Within 30 working days after it receives the invoice, the participating municipal utility or retail electric cooperative shall send a check to the address specified by the energy utilities for deposit in the fund for statewide programs.

(e) The energy utilities shall take reasonable steps to ensure that participating municipal utilities and retail electric cooperatives remit payments completely and on a timely basis.

(3) Reports. The energy utilities shall record the payment of each municipal utility or retail electric cooperative and create reports that include each municipal utility’s and retail electric cooperative’s cumulative contributions for the fiscal year.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.07 Utility-administered programs for large commercial, industrial, institutional, or agricultural customers {#sec-psc-137.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.07}

(1) Definition. In this section, “large commercial, industrial, institutional, or agricultural customer” has the same meaning as “large energy customer” under s. 196.374 (1) (em), Stats., unless the commission specifies a different definition by order.

(2) Funding energy efficiency programs for large commercial, industrial, institutional, or agricultural customers. The funding available in any year for all the energy efficiency programs the commission has authorized an energy utility to offer to its large commercial, industrial, institutional, or agricultural customers under s. 196.374 (2) (b) 1., Stats., shall equal the revenues collected from the energy utility’s customers who are eligible for the utility-administered programs, less the funds set aside under s. PSC 137.05 (2) for statewide renewable resource programs. The commission shall determine the annual funding level available for these programs and inform energy utilities in writing at least 9 months prior to the beginning of the statewide program year.

(3) Energy efficiency programs for large commercial, industrial, institutional, or agricultural customers.

(a) An energy utility requesting to administer or fund one or more energy efficiency programs for large commercial, industrial, institutional, or agricultural customers in its service territory under this section may file a request with the commission at any time. The commission shall consider requests it receives at least 6 months before the start of the statewide energy efficiency and renewable resource program year for implementation in that program year.

(b) Each request to administer or fund an energy efficiency program under this section shall include:

A description of the program that includes the target market, eligible measures, delivery strategy, marketing and communications strategy, incentive strategy and potential market effects.
A plan prepared jointly with the program administrator that describes how statewide and utility-administered programs will be coordinated with large energy customer self-directed programs, ordered programs, and voluntary utility programs offered during the same period.
A description of the program’s consistency with the commission’s most recent study of available energy efficiency savings.
Annual and multi-year performance targets that are consistent with commission goals, policies, and priorities.
A program time frame that is consistent with the statewide program year.
A portfolio and program level cost-effectiveness analysis that is consistent with par. (c) 5.
An administrative and program delivery budget for the first year of operation.
Any other information the commission requests.

Be limited to offering energy efficiency programs to large commercial, industrial, institutional, or agricultural customers in the energy utility’s service territory. If a customer is participating in a self-directed program under s. PSC 137.09, that customer’s participation in any utility-administered program under this section shall be limited to the amount of revenues that the customer contributes to the utility-administered program through s. 196.374 (3) (b) 2., Stats.
Provide an equivalent opportunity for all eligible customers to participate. Utility-administered programs shall coordinate with statewide programs and with large energy customer self-directed programs to avoid duplication of effort and of program offerings in overlapping territories.
Be evaluated by an independent third party. The commission shall contract with the independent third-party evaluator, unless it determines that it is reasonable to allow the energy utility to contract with the evaluator. In that case the commission shall oversee the contracting process and approve the energy utility’s selection of the independent third-party evaluator. The energy utility shall pay for the evaluation of the program, as determined by the commission, from retained utility revenues that the energy utility would otherwise have expended on statewide energy efficiency programs.
Be designed in a manner that prevents the energy utility or any of its affiliates from selling or installing energy efficiency processes, equipment, or appliances.
Pass a portfolio level test of net cost-effectiveness, as determined by the commission. The energy utility shall screen for net cost-effectiveness at least once a year.
Result in environmental benefits, as identified by the commission, either on site or at the generation level.

(d) The energy utility shall:

Assign priority status to implementing programs that reduce growth in electric and natural gas demand and usage, facilitate energy efficiency market development, assist market providers in achieving higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.
Establish annual and multi-year performance goals that are consistent with the program goals, priorities, and measurable targets established under s. 196.374 (3) (b) 1., Stats. At a minimum, the energy utility shall provide quarterly activity reports and semiannual performance reports to the commission.
Using the commission’s database tracking and reporting system, collect and record for each program, by customer class:

a. KW, kWH, and therm savings.

b. Performance metrics.

c. Non-energy benefits.

d. All administrative and program delivery costs.

e. Any other information the commission requests.

Provide all information and data the energy utility collects for its utility-administered programs to the commission and the independent third-party evaluator upon request.

(e) The commission shall consider all of the following when deciding whether to approve a program proposed under par. (a):

Whether the program is in the public interest.
Whether the program meets the minimum requirements of par. (c).
Whether the program includes appropriate energy efficiency measures.
Whether the proposed budget is within the level of funds available.
The likelihood the program will achieve its goals.
The level of coordination with statewide programs under s. PSC 137.05, voluntary utility programs under s. PSC 137.08, large energy customer self-directed programs under s. PSC 137.09, and ordered programs and the potential for disrupting the overall ability of energy efficiency efforts in the state to meet the goals, priorities, and measurable targets established under s. 196.374 (3) (b) 1., Stats.

(4) Approval, denial or modification of requests for utility-administered programs. An energy utility may only administer or fund a program under this section with the commission’s prior approval. The commission shall issue its decision to approve, deny, or modify an energy utility’s proposal to administer or fund a program under this section in writing, within 40 working days after receiving the proposal. If the commission denies or modifies a proposed utility-administered program it shall explain its reasons. The energy utility may revise and resubmit a proposed program that the commission has denied.

(5) Modifying or discontinuing a utility-administered program or an ordered program.

(a) An energy utility may request the commission to authorize the modification or discontinuation of a program it administers or funds under this section at any time. No energy utility may modify or discontinue such a program without the commission’s prior approval.

(b) Requests for discontinuation of an ordered program shall be made as part of a proceeding the commission conducts under 196.374 (3) (b) 1., Stats.

(6) Return of funds. The commission may require that the energy utility deliver any unspent funds of an energy efficiency program approved under this section to the energy utilities, to fund the statewide programs.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.08 Voluntary utility energy efficiency or renewable resource programs {#sec-psc-137.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.08}

(1) Definition. In this section, “voluntary program” means an energy efficiency or renewable resource program that an energy utility voluntarily proposes for commission approval under s. 196.374 (2) (b) 2., Stats.

(2) Request to administer or fund a voluntary program. An energy utility may file a request with the commission at any time to administer or fund one or more voluntary programs in its service territory. The commission shall consider requests that it receives at least 6 months before the start of the statewide energy efficiency and renewable resource program year for implementation in that program year.

(3) Required information. An energy utility requesting to administer one or more voluntary programs in its service territory shall provide the information specified in s. PSC 137.07 (3) (b) 1., 4., 6., 7., and 8., plus the following information:

(a) A proposed reporting schedule.

(b) A description of the energy utility’s proposed database tracking and reporting system.

(c) A description of how the energy utility will coordinate its voluntary program with statewide programs under s. PSC 137.05, utility-administered programs under s. PSC 137.07, and ordered programs.

(d) An evaluation, measurement, and verification plan.

(4) Prior approval of voluntary programs.

(a) An energy utility may only administer or fund a voluntary program with the commission’s prior approval.

(b) The commission shall consider each of the following factors when deciding whether to approve a voluntary program:

Whether the program is in the public interest.
The likelihood the program will achieve its goals.
The inclusion of appropriate energy efficiency or renewable resource measures.
The adequacy of the budget.
The balance of services available to customer segments.
The cost-effectiveness of the program.
The adequacy of the energy utility’s evaluation, measurement, and verification plan.
The level of coordination with statewide programs under s. PSC 137.05, utility-administered programs under s. PSC 137.07, and ordered programs and the potential for disrupting the overall ability of energy efficiency or renewable resource efforts in the state to meet the goals, priorities, and measurable targets established under s. 196.374 (3) (b) 1., Stats.

(c) The commission shall issue its decision to approve, deny, or modify a proposed voluntary program under this section 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. The energy utility may revise and resubmit a proposed voluntary program that the commission has denied.

(5) Modifying or discontinuing a voluntary program. An energy utility may request the commission to authorize the modification or discontinuation of a voluntary program at any time. No energy utility may modify or discontinue a voluntary program without the commission’s prior approval.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § PSC 137.09 Large energy customer self-directed energy efficiency programs {#sec-psc-137.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 137.09}

(1) Funding programs for large energy customers. The maximum amount of utility funding available in any one year for a large energy customer self-directed program is the energy utility revenues that would have been collected from the large energy customer under s. 196.374 (5) (b), Stats., less the funds set aside under s. PSC 137.05 (2) for statewide renewable resource programs. The commission shall determine the annual funding level for each large energy customer. Upon receipt of this information, each energy utility with one or more large energy customers shall notify these customers of the funds available for self-directed programs.

(2) Program requirements.

(a) A large energy customer seeking approval of a self-administered and self-funded energy efficiency program under 196.374 (2) (c), Stats., may file a request with the commission at any time. The commission shall consider requests it receives at least 6 months before the start of the statewide energy efficiency and renewable resource program year for implementation in that program year.

(b) Each request for a large energy customer self-directed energy efficiency program under this section shall include:

An explanation of the program, including descriptions of targeted buildings, equipment and operations; of eligible energy efficiency measures; and of expected energy savings, itemized by technology.
Performance targets that are consistent with commission goals, policies and priorities.
A program time frame that is consistent with the statewide program year.
A program level cost-effectiveness analysis, consistent with par. (c) 3.
An administrative and program delivery budget for each year of operation.
A tracking and reporting system, as specified by the commission.
A measurement and verification plan.
Any other information the commission requests.

Reduce the on-site use of electricity or natural gas. To determine whether the program reduces energy or gas use, the large energy customer shall compare the facility’s energy use with standard replacement technology under standard operating conditions, before improvements to existing facility or expansion, against the proposed facility efficiency improvements. The large energy customer’s measurement and verification process is subject to the commission’s approval.
Include measures that are environmentally sound, as determined by the commission.
Pass a program level test of cost-effectiveness, as determined by the commission.
Use retained utility revenues that would otherwise be collected for statewide energy efficiency programs from the customer to pay some or all of the incremental cost difference between standard efficiency replacement equipment or processes and the premium efficiency replacement equipment or processes that the large energy customer proposes to install. The program may also use retained utility revenues to purchase energy efficiency-related education, training, and facilitation services from statewide or utility-administered programs.
Be evaluated by an independent third party. The commission shall contract with the independent third party evaluator, unless it determines that it is reasonable to allow the large energy customer to contract with an evaluator. In that case, the commission shall oversee the contracting process and approve the large energy customer’s selection of the independent third-party evaluator. The large energy customer shall pay the evaluation costs out of energy utility revenues that the large energy customer retains and sets aside for that purpose.

(d) The large energy customer with a self-directed program shall:

Retain energy utility revenues, for at least one year, to finance projects the large energy customer initiates and completely installs within the period for which utility revenues are retained.
Establish performance goals, as approved by the commission. At a minimum, the large energy customer shall provide quarterly activity reports and annual performance results, using a reporting format approved by the commission. The large energy customer shall also provide all performance-related information and data to the commission that it requests.

(3) Prior approval of requests for large energy customer self-directed programs.

(a) A large energy customer may only administer and fund a self-directed program under this section with the commission’s prior approval. The commission shall issue its decision to approve, deny, or modify a large energy customer’s proposal to administer and fund a self-directed program under this section in writing, within 40 working days after receiving the proposal.

(b) The commission shall consider each of the following standards when deciding whether to approve a large energy customer’s self-directed program:

The standards specified in s. PSC 137.08 (4) (b) 1. to 4., 6., and 7.
The minimum requirements specified in sub. (2) (c).

(c) If the commission denies or modifies a large energy customer’s proposed self-directed program it shall explain its reasons in writing. The large energy customer may revise and resubmit a proposed program the commission has modified or denied.

(4) Modifying or discontinuing a large energy customer self-directed program. A large energy customer may request the commission to authorize the modification or discontinuation of an energy efficiency program implemented under this section at any time. No large energy customer may modify or discontinue a self-directed program without the commission’s prior approval.

(5) Return of funds. The commission may require that the large energy customer deliver any unspent funds to the energy utilities, to fund the statewide programs.

History

CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.

Chapter PSC 140 CONSTRUCTION OF FACILITIES TO SUPPLY HEAT BY UTILITIES

Wis. Admin. Code § PSC 140.01 Application of regulations {#sec-psc-140.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 140.01}

The provisions of this order shall be observed by all public utilities, both privately and publicly owned, engaged in providing heat, whether acting as a public heating utility or providing such heating service in connection with another type of utility service.

Wis. Admin. Code § PSC 140.015 Filing areas of service {#sec-psc-140.015 omnilex-key=us-wi-regs-official--agency-psc--PSC 140.015}

(1) Map. Within 3 months after the date of this order each public heating utility shall file a map showing the location of its heating facilities and the area or areas in which it considers itself obligated to serve.

(2) Furnishing information. All utilities, other than heating utilities, which furnish heat in connection with utility service of another type shall notify this commission within 3 months of the date of this order and shall keep the commission currently informed thereafter of what customers are being furnished with such heating service.

Wis. Admin. Code § PSC 140.02 Required authorization {#sec-psc-140.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 140.02}

(1) Unless and until the commission shall have certified that the same is required by public convenience and necessity, no public heating utility shall acquire, construct (or materially change through reconstruction), install, or place in utility operation:

(a) Any facilities for providing service in a municipality in which the utility has not heretofore rendered service.

(b) Any facilities for providing service outside the area or areas submitted in response to s. PSC 140.015.

(d) Any change in the method of transmitting heat to the customers, such as change from hot water to steam.

(e) Any building or addition to an existing building the cost of which exceeds $5,000 or 3% of the system’s gross heating operating revenue for the previous calendar year, whichever is the greater.

(f) Any mains or distribution or transmission facilities in the area where the utility has theretofore been operating which is estimated to involve a gross capital expenditure in excess of $500 or 3% of the system’s gross heating operating revenue for the previous calendar year, whichever is the greater.

(2) Unless and until the commission shall have certified that the same is required by public convenience and necessity, no utility other than a heating utility shall construct (or materially change through reconstruction), install, or place in operation:

(a) Any facilities to provide heat to new customers or facilities the end or by-product of which are to be used temporarily or permanently to provide heat to new or existing customers.

(b) Any added facilities or building estimated to cost more than $500 necessary to serve heat to existing customers.

Wis. Admin. Code § PSC 140.03 Application and information {#sec-psc-140.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 140.03}

(1) Application. The utility shall apply to this commission for a certificate of authority as above required before acquisition is completed or construction started on any of the facilities for which such certificate is required. The application shall contain:

(a) description of the project,

(b) gross estimated cost,

(d) reason for the construction,

(e) effect of construction on revenues and expenses.

(2) Commission action. If upon consideration of the application, together with any supplemental information and objections, the commission shall be satisfied that public convenience and necessity require the project as proposed, it will so find and certify without public hearing. Otherwise, the commission will hold public hearing thereon and thereafter will grant or deny the application, in whole or in part, subject to such conditions as the public interest and public convenience and necessity may be found to warrant and require.

Chapter PSC 160 UNIVERSAL SERVICE SUPPORT FUNDING AND PROGRAMS

Wis. Admin. Code § PSC 160.01 Scope and purpose {#sec-psc-160.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.01}

(1) Purpose. Chapter PSC 160 is designed to effectuate and implement s. 196.218, Stats., 47 USC 254, 47 CFR 54 and parts of other sections of the Wisconsin and federal statutes, authorizing the commission to establish and operate a universal service fund and programs to further the goal of providing a basic set of essential telecommunications services to all customers in the state.

(2) Scope and exception.

(a) The requirements of ch. PSC 160 shall be observed by the telecommunications providers subject to the jurisdiction of the commission as indicated in this chapter, except insofar as any exemption may be made by the commission. Except as otherwise expressly provided by law, s. 196.218, Stats., and the requirements of this chapter apply to telecommunications providers certified under s. 196.203 (2), Stats.

(b) Nothing in this chapter shall preclude the commission from giving special and individual consideration to exceptional or unusual situations and, upon due investigation of the facts and circumstances involved, from adopting requirements as to individual providers or programs that may be lesser, greater, other or different than those provided in this chapter.

(3) Disputes. Disputes not resolved between the affected parties regarding assessment or support amounts or the eligibility to receive or the liability to pay under this chapter shall be referred to the commission for resolution.

(4) Enforcement. The manner of enforcing ch. PSC 160 is prescribed in ss. 196.218, 196.499 (17) and 196.66, Stats., and includes any other means provided in statutory sections administered by the commission.

(5) Orders. The commission may issue orders it considers necessary to assist in the implementation or interpretation of this chapter. The commission shall issue orders only after notice and an opportunity for comment by interested parties including the universal service fund council, except in the following circumstances:

(a) The commission issues a determination not subject to judicial review under ss. 227.52 and 227.53, Stats.

(b) The commission receives a request for a declaratory ruling under s. 227.41, Stats., which requires the opportunity for a hearing.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (2) (a) and (5), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. (1), (2) (b), (4), renum. (5) to (5) (intro.) and am., cr. (5) (a) to (c) Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.02 Definitions {#sec-psc-160.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.02}

The definitions in s. 196.01, Stats., apply in this chapter. In addition, in this chapter:

(1) “Calculated charge” means the charge calculated by converting a per call charge into a per minute charge. The conversion to a per minute charge shall be accomplished by dividing the per call charge by the telecommunications provider’s average residential call duration. If there are multiple per call charges within one local calling area, the weighted average shall be used as the per call charge.

(2) “Call blocking” means a service that lets customers elect not to allow the completion of any of the calls specified under s. PSC 160.04 (1) on the customer’s account.

(3) “Call control” means a service that lets a customer specify a certain amount of the calls specified under s. PSC 160.04 (1) that may be completed per month on the customer’s account.

(4) “Call limitation” means either call blocking or call control for providers that are incapable of providing both services and, for providers that are capable of providing both services, it means both call blocking and call control.

(6) “Commission” means the public service commission.

(7) “Contributory provider” means a telecommunications provider that pays monies to the universal service fund.

(8) “Disability” means a physical or sensory impairment that limits or curtails an individual’s ability to use telecommunications services or equipment, or both.

(9) “Eligible telecommunications carrier” or “ETC” means a telecommunications provider that the commission has so designated and includes federal-only ETCs, full ETCs, and low-income ETCs.

(10) “Emergency service numbers” mean 9-1-1 where available and fire, emergency medical services, law enforcement, and poison center emergency numbers where 9-1-1 is not available.

(11) “Extended community calling” means a telecommunications service by which a customer in one exchange may call a customer in another exchange or combination of exchanges under an expanded local calling plan based on usage.

(12) “Federal-only eligible telecommunications carrier” or “federal-only ETC” means a telecommunications provider that the commission has so designated under s. 196.218 (4) (b), Stats., or so designated before June 9, 2011.

(13) “Federal subscriber line charge” means a monthly per line federal charge that is assessed directly on a local exchange telephone service customer as allowed by the federal communications commission.

Note: This is also known federally as the end-user common line charge. See 47 CFR 69.104.

(14) “Full eligible telecommunications carrier” or “full ETC” means a telecommunications provider that the commission has so designated under s. PSC 160.13 for participation in all universal service programs.

(15) “Household” has the meaning given in 47 CFR 54.400 (h).

Note: As of April 2015, 47 CFR 54.400 (h) read as follows: A “household” is any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An “economic unit” consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person 18 years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him/her, both people shall be considered part of the same household. Children under the age of 18 living with their parents or guardians are considered to be part of the same household as their parents or guardians.

(16) “Incumbent local exchange carrier” means a telecommunications provider, and its successors and assigns, authorized under law or by the commission before September 1, 1994, to place facilities and provide basic local service in a particular geographic area.

(17) “Lifeline” means the program that provides reduced monthly service rates for low-income customers.

(18) “Line” means an access line or service to an activated wireless handset.

(19) “Link-up” means a program that waives some or all service connection charges for low-income customers.

(20) “Local exchange service provider” means any wireless provider that has been designated as an eligible telecommunications carrier under s. PSC 160.13, or a telecommunications utility or any other provider of basic local exchange service or standard business lines and usage.

(21) “Low-income” means a household that meets one of the following criteria:

(a) Receives benefits from one or more of the following programs:

Wisconsin works under ss. 49.141 to 49.162, Stats.

Note: This includes all programs, including financial and employment assistance, child care subsidy, etc.

Medical assistance under 42 USC 1396 et seq.
Supplemental security income under 42 USC 1381 to 1383.
Food stamps under 7 USC 2011 to 2029.

Note: As of April 2015, the generic term “food stamps” refers to programs currently known as Supplemental Nutrition Assistance Program (SNAP) and Food Share.

The low income household energy assistance program under s. 16.27, Stats.
Unless the provider is a federal-only ETC, Wisconsin homestead tax credit under ss. 71.51 to 71.55, Stats.
BadgerCare Plus programs under s. 49.471, Stats., consistent with the income limits in subd. 11.
SeniorCare 1 and 2a under s. 49.688, Stats.
The national school lunch program’s free lunch program.
Temporary assistance for needy families, other than Wisconsin works under ss. 49.141 to 49.161, Stats.
As approved by the commission, other state or federally administered programs for households with income levels less than or equal to 200% of the poverty line as defined in 42 USC 9902 (2).

Note: See sub. 160.06 (1) (c) concerning other households that may be considered low-income.

(b) The customer’s income, as defined in 47 CFR 54.400 (f), is at or below 135% of the federal poverty guidelines.

(22) “Low-income eligible telecommunications carrier” or “low-income ETC” means a telecommunications provider that the commission has so designated under s. PSC 160.13 for participation only in the lifeline or link-up program, or both.

(23) “Non-profit group” means an organization described in s. 501 (c) (3) of the internal revenue code that is exempt from federal income tax under s. 501 (a) of the internal revenue code.

(24) “Nonrecurring charge” means the charge for those activities and materials necessary to connect network services to the customer’s premises, up to and including the network interface device but not including customer premises wiring or customer premises equipment, and not including construction charges.

(25) “Pay-per-call service” has the meaning given in s. 196.208 (1) (a), Stats.

(26) “Provider” or “telecommunications provider” has the meaning given in s. 196.01 (8p), Stats.

(27) “Rural telephone company” has the meaning given in 47 USC 153 (37).

(28) “Two line hearing carryover” means the technique of using 3-way calling and 2 telephone lines, one for hearing and one for text, to connect a hearing caller who is speech impaired with another caller via the telecommunications relay service.

(29) “Two line voice carryover” means the technique of using 3-way calling and 2 telephone lines, one for voice and one for text, to connect a caller who is deaf or hard of hearing but can speak, with another caller via the telecommunications relay service.

(30) “Universal service” means a statewide rapid, efficient, communications network with adequate, economically placed facilities to ensure that a basic set of essential telecommunications services is available to all persons in this state within a reasonable time and at affordable prices.

(31) “Wireless provider” means a commercial mobile radio service provider as defined in s. 196.01 (2g).

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; renum. (1) and (4) to be (1m) and (4m) and am. (4m) (a), renum. (9) to be (13), cr. (1g), (4g), (8) (g), (h), (9) to (12), am. (7), (8) (a), (e), Register, April, 2000, No. 532, eff. 5-1-00; correction in (8) (e) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 13-068: renum. (1g), (1m), (2) to (1), (7), (8) and am. (8), cr. (2), renum. (3) to (10), cr. (3), (4), r. (4g), (4m), renum. (5), (6) to (17), (19) and am. (19), cr. (6), renum. (7) to (20) and am., r. (8), renum. (9) to (23), cr. (9), renum. (10), (11) to (24), (27), cr. (11), renum. (12) to (29) and am., cr. (12), renum. (13) to (30) and am., cr. (13) to (16), (18), (21), (22), (25), (26), (28), (31) Register January 2016 No. 721, eff. 2-1-16; correction in (21) (a) 7. made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724.

Wis. Admin. Code § PSC 160.03 Essential telecommunications services {#sec-psc-160.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.03}

(1) For purposes of this subsection:

(a) “911” means a service that permits a telecommunications user to use the three-digit code ‘911,’ to access emergency services through a public safety answering point operated by a local government.

(b) “Directory assistance” means a service that includes making available to customers, upon request, information contained in directory listings, such as customer address and telephone number.

(c) “Dual tone multi-frequency” means a method of signaling that facilitates the transportation of signaling through the network, shortening call set-up time.

Note: This is commonly known as touch tone.

(d) “Emergency services” includes services, such as 911 and enhanced 911, provided by local governments or other public safety organizations.

(e) “Enhanced 911” means 911 service that includes the ability to provide automatic numbering information, which enables the public safety answering point to call back if the call is disconnected, and automatic location information, which permits emergency service providers to identify the geographic location of the calling party.

(f) “Interexchange service” means the use of the loop, as well as that portion of the switch that is paid for by the end user, or the functional equivalent of these network elements in the case of a wireless provider, necessary to access an interexchange provider’s network.

(g) “Local usage” means an amount of exchange service, prescribed by the commission, provided free of charge to end users.

(h) “Operator services” means any automatic or live assistance to a customer to arrange for billing or completion, or both, of a telephone call.

(i) “Single-party service” means telecommunications service that permits users to have exclusive use of a landline subscriber loop or access line for each call placed, or, in the case of wireless providers, which use spectrum shared among users to provide service, a dedicated message path for the length of a user’s particular transmission.

(j) “Voice grade access” means a functionality that enables a user of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call.

Note: The definitions in sub. (1) do not have any application. The Public Service Commission will remove sub. (1) in future rule-making.

(1m) Each eligible telecommunications carrier shall make all essential telecommunications services available to all of its customers.

(2) “Essential telecommunications services” means the service or functionalities listed in 47 CFR 54.101.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (2) (a) 7. to 10., and 14., r., (2) (c), renum. (2) (d) to be (2) (c), Register, April, 2000, No. 532, eff. 5-1-00; except (2) (a) 14. eff. 11-1-00; CR 13-068: renum. (1) to (1m) and am., cr. (1), r. and recr. (2) Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.04 Call limitation {#sec-psc-160.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.04}

(1) Call limitation obligations.

(a) Except as provided in pars. (b) and (c), every local exchange service provider in the state shall offer call limitation capability for each of the following:

Long distance toll calls.
Pay-per-call service.
Collect toll calls.
Toll calls charged to a telephone credit card associated with the telephone number for which call limitation has been requested.
Toll calls charged to a third telephone number for which call limitation has been requested.

(b) Federal-only eligible telecommunications carriers are not required to offer any call limitation capabilities to customers who are not low income and need only offer blocking of outgoing toll calls to customers who are low income.

(c) A local exchange service provider is not required to offer the blocking under par. (a) 1., 3.,4., or 5., to a customer that has service that does not include a fee for such calls that is in addition to the per month or per billing cycle price of service.

(2) Charges. A local exchange service provider may not impose a charge for the cost of blocking pay-per-call services the first time a customer requests such blocking.

(3) Emergency service. A local exchange service provider may not impose a call limitation that prevents a customer from reaching the emergency service numbers appropriate for the customer’s location.

(4) Public notification and education. An eligible telecommunications carrier shall make reasonable efforts to inform its customers of the availability of and, where charge-free, eligibility requirements for, call limitation services. An eligible telecommunications carrier shall also make reasonable efforts to instruct customers requesting the service in the use of the service.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. and recr. (title), renum. (1) to (1) (a) (intro.) and am., cr. (1) (a) 1. to 5., (b), (c), r. and recr. (2) to (4), r. (5), (6) Register January 2016 No. 721, eff. 2-1-16; correction in (1) (c) made under s. 35.17, Stats., Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.05 Universal service fund programs {#sec-psc-160.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.05}

Universal service fund monies may be used for fund administration; for informing the public of the existence, purpose, intent, and uses of the universal service fund; and for the following purposes:

(1) For the following programs as adopted by the commission under the appropriation in s. 20.155 (1) (q) and (3), Stats.:

(a) Link-up assistance, as specified in s. PSC 160.061.

(b) Lifeline assistance, as specified in s. PSC 160.062.

(d) Telecommunications equipment purchase program (TEPP) vouchers, as specified in s. PSC 160.071 (1m).

(e) Telecommunications customer assistance program, as specified in s. PSC 160.08.

(f) High rate assistance credits, as specified in s. PSC 160.09.

(g) Alternative universal service protection plans, as specified in s. PSC 160.092.

(k) Funding for programs or projects approved under s. PSC 160.125 (2).

(m) Outreach for low-income assistance programs, as specified in s. PSC 160.063.

(n) Eligible telecommunications carriers designated by a process under s. PSC 160.13 (8) (c).

(p) Second line for 2 line voice or hearing carryover, as specified in s. PSC 160.071 (6m).

(q) Medical telecommunications equipment program, as specified in s. 196.218 (4u), Stats.

(s) Directory assistance, operator assistance and custom calling service payments under s. PSC 160.071 (4) to (6).

(t) Broadband expansion grants under s. 196.504, Stats.

(u) Other programs consistent with the purposes identified in s. 196.218 (5) (a) 1., Stats., as they are approved by the commission on an interim basis.

Note: The text of s. 196.218 (5) (a) 1., Stats., appears in a note after s. PSC 160.125 (2) (a).

(2) For payments by the department of administration for telecommunications access support, as specified in s. 196.218 (5) (a) 5., Stats., under the appropriation in s. 20.505 (4) (s), Stats., and for payments under the appropriation in s. 20.865 (4) (u), Stats.

(3) For payments for telecommunications services provided to the campuses of the University of Wisconsin System, as specified in s. 196.218 (5) (a) 6., Stats.

(5) For payments by the department of public instruction to contract for periodical and reference information databases as specified in s. 115.28 (26), Stats., under the appropriation in s. 20.255 (3) (q), Stats.

(6) For payments by the department of public instruction for newsline for the blind, under the appropriation in s. 20.255 (3) (q), Stats.

(7) For payments by the department of public instruction for supplemental aid to public library systems as specified in s. 43.24, Stats., under the appropriation in s. 20.255 (3) (qm), Stats.

(8) For payments by the department of public instruction for library service contracts as specified in s. 43.03 (6) and (7), Stats., under the appropriation in s. 20.255 (3) (r), Stats.

(9) For grants from the department of administration for training teachers to use educational technology under s. 16.996, Stats.

(10) For payments by the department of public instruction to provide funding for online courses made available under s. 115.28 (53), Stats.

(11) For payments by the department of public instruction to provide funding for the delivery of digital content and collaborative instruction under s. 115.28 (54), Stats.

(12) For other payments authorized by statute.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; emerg. am. (intro.), renum. (1) to (10) to be (1) (a) to (j), cr. (2) to (4), eff. 2-27-98; am. (intro.), renum. (1) to (10) to be (1) (a) to (j), cr. (2) to (4), Register, October, 1998, No. 514, eff. 11-1-98; am. (intro.), (1) (c), (d), (i) and (2), cr. (1) (k) to (s) and (5), Register, April, 2000, No. 532, eff. 5-1-00; corrections in (2) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; correction in (1) (s) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 13-068: am. (intro.), (1) (intro.), (a), (c), (d), r. (1) (h) to (j), (L), am. (1) (n), r. (1) (o), am. (1) (p), r. (1) (r), renum. (1) (s) to (u), cr. (1) (s), (t), am. (2), (3), r. (4), cr. (6) to (12) Register January 2016 No. 721, eff. 2-1-16; correction in (1) (intro.) made under s. 35.17, Stats., Register January 2016 No. 721, eff. 2-1-16; 2015 Wis. Act 330 s. 20: am. (3) Register April 2016 No. 724, eff. 5-1-16; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.

Wis. Admin. Code § PSC 160.06 Eligibility for low-income programs {#sec-psc-160.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.06}

(1) Low-income assistance eligibility.

(a) All ETCs shall verify an applicant’s eligibility for low-income assistance programs by making timely queries of the applicable databases of the Wisconsin department of health services, the Wisconsin department of revenue, or other government agencies designated by the commission. An ETC shall verify an applicant’s eligibility by finding the applicant to be any of the following:

An active client of at least one of the programs listed in s. PSC 160.02 (21) (a).
A member of the active client’s household whose low income qualifies the client for benefits under at least one of the programs listed in s. PSC 160.02 (21) (a).
At an income level that meets the conditions in s. PSC 160.02 (21) (b).
At an income level that meets the conditions of any other federal low-income eligibility criteria.

(b) Notwithstanding par. (a), an eligible telecommunications carrier shall verify an applicant as eligible for low-income assistance programs if the applicant qualifies for federal universal service fund support for eligible residents of tribal lands under 47 CFR 54.400 et seq.

(c) If an eligible telecommunications carrier cannot verify an applicant’s eligibility under par. (a) or (b), in addition to the households considered low-income under the definition in s. PSC 160.02 (21), the ETC shall consider a household that receives benefits from federal public housing assistance (section 8) to be low-income.

(2) Eligibility reverification. An eligible telecommunications carrier shall reverify eligibility on at least an annual basis for all customers receiving lifeline assistance. The eligible telecommunications carrier shall first attempt to reverify eligibility by making timely queries of the applicable databases of the Wisconsin department of health services, the Wisconsin department of revenue, or other government agencies designated by the commission.

(3) Eligibility inquiry. Eligible telecommunications carriers other than federal-only ETCs shall inquire of each customer regarding eligibility of that customer for low-income programs on each order for initial or moved residential service and, orally or in writing, in the first contact with the customer during a year concerning disconnection or payment arrangements.

(4) Query authorization.

(a) Customers shall complete and remit any reasonably required query authorization forms or forfeit eligibility.

(b) Eligible telecommunications carriers shall obtain whatever customer authorization is required by the Wisconsin department of health services, the Wisconsin department of revenue, or other government agencies for the database queries necessary for eligibility verification. The commission may revoke the eligible telecommunications carrier designation and order the forfeiture of reimbursements if it accesses a customer’s database information without that customer’s authorization. The commission may also refer the eligible telecommunications carrier to the Wisconsin department of justice or other state agency for appropriate action.

(5) Applicant requirements. Notwithstanding any other provision of this section, an applicant is only eligible for low-income assistance programs under this chapter if the applicant provides all of the information required under state and federal law.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; renum. (1) to be (1) (intro.) and am. (1) (intro.), renum. (5) (a) to be (5), cr. (1) (a) to (c), am. (3) and (4), r. (5) (b), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: renum. (1) to (1) (a) and am. (a) (intro.), 1., 2., r. (1) (a) 3., cr. (1) (a) 3., 4., (b), (c), am. (2), (3), renum. (4) to (4) (b) and am., cr. (4) (a), r. and recr. (5) Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.061 Link-up program {#sec-psc-160.061 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.061}

The commission may fund programs to identify and provide monetary assistance to low-income persons who are unlikely to be able to obtain telecommunications service without such assistance. Such programs may include customers who qualify for federal universal service fund support for eligible residents of tribal lands under 47 CFR 54.400 et seq.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1) and (6), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. and recr. Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.062 Lifeline program {#sec-psc-160.062 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.062}

(1) Definitions.

(a) For purposes of subs. (2) to (7), “eligible telecommunications carrier” or “ETC” means only full and low-income ETCs, and does not include federal-only ETCs.

(b) For purposes of this section, “line” means an access line, service to an activated wireless handset, or service to an internet connection used as a substitute for a traditional telecommunications connection.

(c) For purposes of this section, “lifeline monthly rate” means the lifeline base rate under sub. (2) minus the lifeline adjustment under sub. (2g) or (2r).

(1g) Applicability. An eligible telecommunications carrier may apply the lifeline adjustment under sub. (2g) to any residential service that includes voice service, including bundles of voice and data services, and bundles that include optional calling features such as caller identification, call waiting, voice mail and three-way calling.

(1r) Eligibility.

(a) All eligible telecommunications carriers shall offer to all qualified low-income customers a lifeline adjustment to the customer’s rate for either of the following:

Essential telecommunications service, whether stand-alone or as part of a service package.
Internet access, if the customer demonstrates that, because of his or her disability other than cognitive impairment, certified under s. PSC 160.071 (1), the customer requires internet access that is adequate to support service that is substitutable for and comparable to essential telecommunications service.

Note: An example under subd. 2. is a video relay service.

Note: Subd. 2. does not require a provider to offer internet access service. If provider offers a service needed under subd. 2., or bills for such a service provided by an affiliate, the provider applies the lifeline adjustment to the price of that service and collects some of the payment from the customer and some from the USF.

(b) An ETC taking an application for the lifeline program shall do the following:

Unless the ETC uses a state or federal duplication prevention database, ask the applicant if he or she is currently receiving a lifeline adjustment on any other line.
Require the applicant to certify that he or she is not currently receiving a lifeline adjustment on any other line or from any other provider.
Only offer and apply the lifeline adjustment on one line.
Ensure that any federal requirements about lifeline are met.

Note: For example, see 47 CFR 54.410 regarding use of state databases for eligibility verification.

(c) A customer may not request a lifeline adjustment on more than one line. An ETC shall not apply the lifeline adjustment unless the customer has certified under par. (b) that the customer is not receiving a lifeline adjustment on another line or from any other provider.

(d) If an ETC becomes aware that a customer is receiving a lifeline adjustment on more than one line or from more than one provider, the ETC shall provide notice and take action under sub. (4) to ensure that the customer receives a lifeline adjustment on only one line.

(2) Lifeline base rate. The lifeline base rate is one of the following:

(a) For an eligible telecommunications carrier offering local service on a stand-alone basis, the sum of:

The in-state charges and fees for stand-alone single-party residential service with touch-tone, including, as applicable, all of the following:

a. Police and fire protection fee.

b. State universal service fund assessment.

c. Remainder assessment.

d. Telecommunications utility trade practices assessment.

Any 911 charges billed on the telephone bill.
The federal subscriber line charge.
The access recovery charge.
The charge for 120 local calls, excluding extended community calling calls.
Other charges as approved by the commission.

(b) $25, if the eligible telecommunications carrier does not offer local service on a stand-alone basis, and only offers it as part of a service package.

(c) The commission may authorize a different lifeline base rate based on the particular facts and circumstances concerning an eligible telecommunications carrier’s local service or internet access charges.

(2g) Lifeline adjustment.

(a) Except as provided in par. (b) and sub. (2r):

If the lifeline base rate is $25 or less, the lifeline adjustment shall be $10.
If the lifeline base rate is greater than $25, the lifeline adjustment shall be the lesser of the following:

a. The amount necessary to reduce the lifeline monthly rate to $15.

b. The maximum reimbursement available under 47 CFR 54.403, plus $9.25.

Note: Subsection (2g) (a) 2. b. caps the adjustment at, essentially, double the maximum amount available from the federal USF at the time the rules went into effect. In the future, the amount available from the federal USF may increase, but the state portion is frozen at $9.25 so that if, for example, the federal subscriber line charge is raised and paid for through the federal USF, the state does not automatically increase its reimbursement portion. This step was taken to protect the state fund by blocking any automatic increase in state reimbursement due to federal action.

(b) If the ETC offers prepaid wireless service, the lifeline adjustment for that service shall be the greater of the following:

The number of minutes that, when calculated using the lowest per minute rate the ETC offers to its prepaid wireless customers, equals or exceeds the value of the adjustment under par. (a) that would otherwise apply.
The number of minutes recognized by the federal communications commission as an acceptable compliance plan provision for that provider.

A federal communications commission order or a change in federal law causes an increase in a customer’s lifeline base rate.
The state reimbursement amount after the increased lifeline adjustment is not greater than it was before the federal communications commission order or change in federal law.

Note: A provider may petition the commission under s. PSC 160.01(2)(b) for an increased lifeline adjustment if the increased adjustment would increase the state reimbursement amount.

(d) Notwithstanding subs. (2g) and (2r), the lifeline adjustment for partial months of service shall follow the policy set by the federal universal service administration corporation or its successors.

(2r) Adjustments for residents of tribal lands.

(a) When a customer qualifies for federal universal service fund support for eligible residents of tribal lands under 47 CFR 54.400 et seq.:

If the lifeline base rate under sub. (2) is $25 or less, the lifeline adjustment shall be $10, plus whatever federal universal service fund support the customer qualifies for as an eligible resident of tribal lands.
If the lifeline base rate under sub. (2) is greater than $25, the lifeline adjustment shall be the amount necessary to reduce the lifeline monthly rate to the level at which the adjustment results in a state reimbursement amount that is equal to what it would be under sub. (2g) (a) 2., plus whatever federal universal service fund support the customer qualifies for as an eligible resident of tribal lands.

(b) The adjustment under par. (a) 1. shall be increased automatically if both of the following occur:

A federal communications commission order or a change in federal law causes an increase in a customer’s lifeline base rate.
The state reimbursement amount after the increased adjustment is not greater than it was before the federal communications commission order or change in federal law.

Note: A provider may petition the commission under s. PSC 160.01(2) (b) for an increased lifeline adjustment if the increased adjustment would increase the state reimbursement amount.

(3) Showing the adjustment.

(a) Except as provided in par. (b), the eligible telecommunications carrier shall show the lifeline adjustment either as an adjustment to the full tariffed or standard rate on a customer’s bill or as a special rate designation. Whenever possible, the eligible telecommunications carrier shall begin showing the lifeline adjustment or rate on an eligible customer’s bill on the next bill date following the date of application for lifeline assistance. If the ETC does not apply the lifeline adjustment or rate on the next bill date, when the ETC does apply the credit it shall be applied back to the date of application.

(b) If an eligible telecommunications carrier offers prepaid service and does not render a bill for that service, if it maintains a statement of account or account balance for a prepaid service customer the provisions of par. (a) apply to the statement of account or account balance. If the ETC does not maintain a statement of account or account balance, the ETC shall include information about adjustments and applicability dates in its terms of service.

(4) Termination and notice of impending termination. Providers shall follow the provisions of 47 CFR 54.405 (e) to terminate lifeline enrollment. The provider shall query the state database used to verify the customer’s eligibility in order to obtain information about whether the customer is still eligible according to that database. If that database indicates that the customer is no longer eligible, the ETC shall follow the de-enrollment procedures in 47 CFR 54.405 (e). The ETC shall send the notice separately from the customer’s regular monthly bill, if one is provided. The notice shall state the termination date and shall provide information about how to demonstrate continued eligibility.

(5) Provider reimbursement.

(a) Only low-income and full eligible telecommunications carriers may receive reimbursement from the state universal service fund.

(b) An ETC may only receive reimbursement if it complies with all federal lifeline requirements, including the requirement to stop requesting federal universal service fund reimbursement for a prepaid wireless telephone that has not been used in 60 days and the requirement to use the appropriate state database where possible to verify lifeline eligibility.

(c) The commission may withhold or suspend reimbursement while investigating compliance with state or federal lifeline requirements.

(d) If an ETC is eligible to receive lifeline reimbursement under the federal lifeline program, it may receive reimbursement from the state universal service fund for the difference between what it is eligible to receive in federal reimbursement and what its reimbursement would otherwise be under sub. (2g).

(e) Notwithstanding par. (c), the provider reimbursement for partial months of service shall follow the policy set by the federal universal service administration corporation or its successors.

(5m) Deadline for filing. An eligible telecommunications carrier shall file its reimbursement request with the fund administrator before April 1 of the year following the year during which the customer was charged the lifeline monthly rate for which reimbursement is sought. A provider may obtain an extension from commission staff for good cause, if the extension request is received before the April 1 deadline.

(6) Limitations on charges.

(a) An eligible telecommunications carrier may not do any of the following to a lifeline customer:

Charge a deposit for service if the customer voluntarily accepts call limitation.
Request that the customer pay in advance for more than one month’s local service bill.
Disconnect the customer from local service for nonpayment of toll charges.

(b) An ETC may counsel a customer that otherwise would be subject to disconnection to accept call limitation.

(7) Call limitation under special programs. An eligible telecommunications carrier acting under the limited conditions specified in its commission approved telecommunications customer assistance program under s. PSC 160.08 may impose call limitation on lifeline customers.

(8) Federal-only ETCs. Federal-only eligible telecommunications carriers shall comply with all federal lifeline requirements, including the requirement to stop requesting federal universal service fund reimbursement for a prepaid wireless telephone that has not been used in 60 days and the requirement to use the appropriate state database where possible to verify lifeline eligibility.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1), renum. (2) (a) to be (2) (b) and am., renum. (4) to be (3) and am., renum. (6) to be (5) and am., renum. (5) to be (4), cr. (2) (a), (c), (6) and (7), r. (2) (b) and (3), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. (1), (2), cr. (1), (1g), (1r), (2), (2g), (2r), (3) (title), renum. (3) to (3) (a) and am., cr. (3) (b), r. and recr. (4), r. (5), (6), cr. (5), (5m), (6), (7) (title), am. (7), cr. (8) Register January 2016 No. 721, eff. 2-1-16; correction in numbering in (4) made under s. 13.92 (4) (b) 1., Stats., Register January 2016 No. 721; correction in (1r) (d) made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724.

Wis. Admin. Code § PSC 160.063 Outreach for low-income assistance programs {#sec-psc-160.063 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.063}

(1) Funding may be available to fund projects to increase participation of the eligible populations in the universal service fund low-income support programs.

(2) Funding from the universal service fund for projects under sub. (1) may not exceed $250,000 in one year. Funding shall be limited to not more than 6 projects with at least one project focused statewide and one project focused on the Milwaukee area, if feasible.

(3) The commission may periodically review applications and grant funding, when funding is available, based on complete responses to a request for applications. An application may involve disbursement of support during multiple state fiscal years. All applications become public documents upon filing.

(3m) An application for funding under sub. (1) shall include all of the following:

(a) A description of the proposed project.

(b) The name and a description of any project partners and the role of each partner.

(c) A description of the proposed activities and an explanation of how those activities may increase participation of eligible populations in the universal service fund low-income support programs.

(d) A budget showing a breakdown of costs and how a grant under this section would be used.

(e) Any other information that the commission considers necessary.

(4) The commission may authorize funding to conduct or contract for an evaluation of the effectiveness of this program in promoting enrollment in low-income programs and subscribership to telecommunications service. This evaluation shall be completed within 2 years of the date on which the commission grants the project funding. The cost of this evaluation shall not exceed $25,000. This $25,000 shall be included as part of the $250,000 maximum total funding available under this section during the year in which the evaluation occurs.

History

Cr. Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. (1) to (3), cr. (3m), am. (4) Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.071 Service and equipment pricing for individuals with special telecommunications needs {#sec-psc-160.071 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.071}

(1) Special telecommunications needs certification.

(a) A person with a disability may determine whether that disability presents a barrier to use of telecommunications services, or equipment, or both. That person shall determine what accommodations are needed to ensure effective telecommunications access.

(b) When a provider, the fund administrator, a vendor, or the commission has sound reason to question the self-certification of a customer under par. (a), additional verification of disability, such as an appropriate medical professional’s written diagnosis and description of physical limitations and special needs resulting from that diagnosis, may be required for certification of special telecommunications needs. An appropriate medical professional is one who is qualified to make such a diagnosis and provide such a description.

(1m) Telecommunications equipment purchase program.

(a) Definitions. In this subsection:

“Cognitive impairment” means a condition that limits every day practical skills and involves significant difficulty with memory, information processing, executive functions, or some combination thereof.
“Disability” means a physical, cognitive, or sensory impairment that limits or curtails an individual’s ability to use telecommunications services or equipment, or both.

(am) The universal service fund administrator shall make vouchers available to assist customers with a disability who have special telecommunications needs certification under s. PSC 160.071 (1) in the purchase of equipment needed to personally access and use essential services of the telecommunications network. A customer may not use a voucher to purchase equipment which will be used exclusively for commercial purposes.

(b) Vouchers shall be limited to the following amounts by category of disability:

$100 for hard of hearing.
$800 for deaf and severely hard of hearing.
$1,600 for speech impaired.
$1,600 for mobility or motion impaired.
$2,500 for severely hard of hearing - low vision or deaf - low vision.
$7,200 for severely hard of hearing - blind or deaf - blind.

(c) A voucher recipient under par. (b) 1. is not required to make a co-payment. All other voucher recipients are required to make a co-payment of $100 when the equipment is purchased. Under par. (f), for certain low income customers the co-payment may be supplied by funding through the telecommunications assistance program administered by the Wisconsin department of health services under s. 46.297, Stats., and ch. DHS 78. For certain low-income customers in the categories under par. (b) 3. and 4. the co-payment may be supplied by the universal service fund if the customer provides a medical professional’s statement confirming the need for telecommunications equipment available under this section and if the customer certifies that he or she would meet the income requirements of the telecommunications assistance program.

(e) An applicant shall submit a completed, commission-approved voucher application form to the universal service fund administrator.

Note: Customers with disabilities may obtain commission-approved voucher application forms from the fund administrator, the commission, or other sources, including the commission’s website: psc.wi.gov.

(f) Applicants for vouchers under this section shall be Wisconsin residents. An applicant may not receive a voucher for equipment for the same disability more than once every 3 years. An applicant may receive a voucher for equipment even if another person in the same household has also received a voucher. The fund administrator shall refer applications filed by low-income individuals in the categories under par. (b) 2., 5., and 6., to the Wisconsin department of health services for telecommunications assistance program funding to provide any customer co-payment required under par. (c). If the applicant is found eligible, the fund administrator may issue an alternative voucher to include that program’s funding. If found ineligible, the fund administrator shall process a voucher application in priority according to its original date of receipt.

(g) The fund administrator shall grant applications on a first-come, first-served basis except no single disability classification described in par. (b) may be issued vouchers totaling more than 75% of the total annual budget within the first 3 quarters of the budget year.

(h) The fund administrator shall establish a waiting list for applications held pending available funding or under par. (g).

(i) The commission may establish new disability categories and voucher maximums if it identifies a need.

(j) Vendors may redeem vouchers, submitted with an invoice, from the universal service fund administrator. A vendor may not receive reimbursement that exceeds the total purchase price of the equipment with tax less, where applicable, a customer co-payment of $100. The commission may, for good cause, suspend a vendor’s eligibility to redeem vouchers under this program. Suspended vendors may not receive reimbursement for vouchers submitted for purchases or customer orders made after the date of suspension.

(k) Commission staff may impose reasonable limits on the types and quantities of devices that may be purchased with one voucher.

(L)

The fund administrator shall maintain and make accessible, a list of the types and quantities of equipment eligible for purchase with a single voucher in each category under par. (b). Revisions to the list shall be done periodically by the fund administrator in consultation with the commission staff and representatives selected by the universal service fund council. The fund administrator and commission may solicit input regarding revisions from vendors, representatives of interested groups serving the disabled and others, as appropriate.

Note: The equipment list will be posted on the commission’s website (psc.wi.gov). A vendor may submit an e-mail address to the commission and request e-mail notification of whenever a revised list is posted.

The commission staff and fund administrator may include equipment that can be used to access the internet for telecommunications service on the list of equipment available to individuals in the categories under par. (b) 1. to 6. Internet access equipment includes a personal computing device and necessary software, but does not include customer premises wiring, telephone or cable access lines, or telecommunications services.
Individuals requesting equipment under subd. 2. shall provide a medical professional’s statement to the fund administrator stating that the equipment is necessary to meet the telecommunications needs of that individual.

(m) Equipment purchases involving individual exceptions to the eligible equipment lists under par. (L) may be granted by the fund administrator only following consultation with commission staff. Commission staff, the fund administrator, or both, may solicit input regarding such exceptions from vendors, representatives of interested groups serving the disabled and others, as appropriate.

(n) Objections to items included on or excluded from the eligible equipment lists and determinations regarding individual exceptions shall be submitted to the commission in writing. The commission staff shall review the objection and issue a letter addressing it. Commission staff decisions may be appealed to the commission.

(4) Directory assistance charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for a reasonable number of directory assistance calls in a month for a customer with a disability that meets all of the following:

Is certified under s. PSC 160.071 (1).
Prevents the customer from using the telephone directory.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these calls.

(5) Operator assistance charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for operator assistance to place calls for a customer with a disability that meets all of the following:

Is certified under s. PSC 160.071 (1)
In the customer’s opinion, requires the custom calling service in order for the customer to receive service that is comparable to the essential service provided to other customers.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these calls.

(6) Custom calling service charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for a custom calling service for a customer with a disability that meets all of the following:

Is certified under s. PSC 160.071 (1).
In the customer’s opinion, requires the custom calling service in order for the customer to receive service that is comparable to the essential service provided to other customers.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these services.

(6m) Second line charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive any intrastate nonrecurring charge or monthly rate for a second line for all of the following:

A hearing impaired customer who is able and chooses to use 2 line voice carryover.
A speech impaired customer who is able and chooses to use 2 line hearing carryover.

(b) If a customer requests a service that is equivalent to those listed in par. (a), the ETC shall waive the same amount it would waive under par. (a).

(7) Filing deadline. A provider may not receive reimbursement under subs. (4) to (6m) unless it files its reimbursement request with the fund administrator no later than April 1 of the year following the year during which the provider would have billed the charge to a customer. The provider may obtain an extension from commission staff for good cause.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; cr. (1) (k) to (n) and (6) (b), renum. (6) to be (6) (a), am. (1) (a), to (c), (f), (j) and (3), Register, April, 2000, No. 532, eff. 5-1-00; correction in (1) (f) made under s. 13.92 (4) (b) 6., Stats., Register February 2011 No. 662; CR 13-068: am. (title), renum. (1) (title), (a) to (1m) (title), (am) and am., (1) (title), (a), (b) renum. from 160.07 (1), (2) and am., renum. (1) (b), (c) to (1m) (b), (c) and am. (b) 1., 4. to 6., (c), r. (1) (d), renum. (1) (e) to (k) to (1m) (e) to (k) and am., renum. (1) (L) to (1m) (L) 1. and am., renum. (1) (m), (n) to (1m) (m), (n) and am. (n), cr. (1m) (a), (L) 2., 3., r. (2), (3), renum. (4) (a) to (a) (intro.) and am., cr. (4) (a) 1., 2., (b), renum. (5) (a) to (a) (intro.) and am., cr. (5) (a) 1., 2., (b), renum. (6) (a) to (6) (a) (intro.) and am., cr. (6) (a) 1., 2., renum. (6) (b) to (6m) (a) (intro.) and am., cr. (6) (b), (6m) (a) 1., 2., (b), (c), (7) Register January 2016 No. 721, eff. 2-1-16; correction in numbering in (6m) (a) made under s. 13.92 (4) (b) 1., Stats., and corrections in (1) (c), (L) 2., (7) made under s. 35.17, Stats., Register January 2016 No. 721, eff. 2-1-16; correction in (1m) (L) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2025 No. 831.

Wis. Admin. Code § PSC 160.075 Responsibility for pay telephone usability {#sec-psc-160.075 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.075}

(1) In this section, “pay telephone usability” means the ability to use pay telephone equipment once it has been accessed by an individual.

(2) Pay telephone usability standards include signage, volume control, monitoring height, cord length, and text telephones.

(3) All pay telephone service providers are responsible for compliance with all federal and state standards regarding usability of their pay telephones by individuals with disabilities.

(4) This section does not create any new obligations for pay telephone usability beyond those imposed under federal, state laws or negate any obligation for pay telephone usability of other parties under the law.

(5) Information on how to report non-compliance or any other complaint under sub. (3) to the commission shall be posted at or on each pay telephone unit or bank of units.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (3), cr. (5), Register, April, 2000, No. 532, eff. 5-1-00.

Wis. Admin. Code § PSC 160.08 Telecommunications customer assistance program {#sec-psc-160.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.08}

The commission may authorize individual telecommunications providers to establish telecommunications customer assistance programs that meet authorized goals and objectives for increasing or stabilizing subscription levels for non-optional, essential telecommunications service within its service territory or to address avoidance of disconnection or limitation of service to low-income households with payment problems. The customer assistance programs may allow a provider to not make available certain essential services, as defined in s. PSC 160.03 (2), in order to keep at least minimaltelecommunications service to certain low-income households with payment problems. The commission shall determine on a case-by-case basis whether or not a telecommunications customer assistance program may receive universal service fund monies.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.09 High rate assistance credits {#sec-psc-160.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.09}

(1) In this section, “median household income” means the estimated median household income per county published annually by the U.S. census bureau’s small area income and poverty estimate program.

Note: This may be found on the commission’s website at psc.wi.gov.

(1g) A full ETC shall provide high rate assistance credits to residential customers when the price of service exceeds levels set in this section.

(1r) A full ETC shall recalculate credits under this section whenever the fixed monthly charge for essential telecommunications service, as defined in s. PSC 160.03 (2), is changed, or when ordered to do so by the commission. If the recalculation results in a de minimis change, the ETC may request that the administrator of the division of business and communications services stay the requirement to increase or decrease the credit.

(2) Full eligible telecommunications carriers shall calculate credits as specified in sub. (4) utilizing the price of service determined under sub. (3).

(3) For purposes of calculating credits under sub. (4):

(a) If a full ETC offers essential services on a stand-alone basis, the price of service calculated under this paragraph for its stand-alone essential services shall be considered the price of service when calculating credits for all of the ETC’s offerings, whether provided on a stand-alone basis or as part of a bundle. The price of service for stand-alone essential services that is used to calculate credits under sub. (4) shall include all of the following charges and fees:

The in-state charges and fees for residential stand-alone essential services, including, as applicable, all of the following:

a. Police and fire protection fee.

b. State universal service fund assessment.

c. Remainder assessment.

d. Telecommunications utility trade practices assessment.

e. Federal universal service fund assessment.

Any 9-1-1 charges billed on the telephone bill.
The federal subscriber line charge.
The access recovery charge.
The charge, if any, for 120 local calls, excluding extended community calling calls.
The federal communications commission authorized charge for implementation of local number portability.
Other charges as approved by the commission.

(b) The price of service for residential stand-alone essential services does not include charges for items and services such as:

Data service.
Handsets, modems, or other customer premises equipment.
Caller identification.
Call waiting.
Texting.
Voicemail.

(c) If a full ETC only offers essential services bundled with other services, and not on a stand-alone basis, the price of service used to calculate credits under sub. (4) shall be the charges and fees for the service, minus the charge for optional items or services such as the following:

Handsets, modems, or other customer premises equipment.
Caller identification.
Call waiting.
Texting.
Voicemail.

(d) If a full ETC’s charge for bundled service includes a charge for data service, it is rebuttably presumed that the ETC’s customers are not eligible for high rate assistance for that bundled service. The ETC may rebut this presumption by showing that the charge for the bundled service minus the cost of providing data service totals an amount high enough to qualify the customer for high rate assistance. The commission may, upon complaint or if it has a reasonable basis to believe that a credit should be applied when it is not, require the ETC to provide the relevant cost information.

(4) Full eligible telecommunications carriers shall issue high rate assistance credits according to the following criteria:

(a) For the portion of the price of service below 1.2% of median household income, per month, for the area in which the rate applies, no credits apply.

(b) For the portion of the price of service equal to or above 1.2% but below 1.7% of median household income, per month, for the area in which the rate applies, a credit equal to 50% of that amount.

(c) For the portion of the price of service equal to or above 1.7% but below 2.2% of median household income, per month, for the area in which the rate applies, a credit equal to 75% of that amount.

(d) For the portion of the price of service equal to or above 2.2% but below 2.7% of median household income, per month, for the area in which the rate applies, a credit equal to 85% of that amount.

(e) For the portion of the price of service equal to or above 2.7% of median household income, per month, for the area in which the rate applies, a credit equal to 95% of that amount.

(f) When a rate applies in only one county, the median household income used to calculate the credit shall be that of that county in which the rate applies. When a rate applies in more than one county, the median household income used to compute the credit shall be the average of the median household incomes in each county in which the rate applies, weighted by the number of customers paying that rate in each county.

(g) If the amount of money required to reimburse full ETCs for credits under this section exceeds the amount budgeted for this program under s. PSC 160.17, the commission may modify the formula for high rate assistance credits.

(5) Except as provided in sub. (9), each full ETC may be reimbursed by the universal service fund for the value of the credits it issues if it files its reimbursement claims with the fund administrator by April 1 of the year following the year during which it issued the credit. The full ETC may obtain an extension of the filing deadline from commission staff for good cause.

(6) When a full ETC charges a pro-rated portion of the normal monthly charge for service because the customer has had service for only a portion of the month, the rate assistance credit for that customer shall be pro-rated by the same percentage.

(7) A full ETC shall show and identify the high rate assistance credits on bills issued to customers.

(9) Full ETCs may not be reimbursed by the universal service fund for the value of credits issued to customers receiving essential telecommunications service under a contract if the contract has a duration of greater than one year. The commission may grant waivers of this subsection by order. This subsection does not apply to rural line extension contracts entered into before January 1, 1996.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1), (8) and (9), r. (2) (a), (b), (3) (f), (h) and (6), renum. (2) (c) to be (2) and am. (2), renum. (3) (a) to (e) to be (4) (a) to (e) and am. (4) (a) to (e), renum. (3) (g) to (4) (f) and am. (4) (f), renum. (3) (i) and (5) to be (4) (g) and (6), renum. (4) to be (5) and am. (5), renum. (8) to be (9) and am. (9), cr. (3), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: renum. (1) to (1g) and am., cr. (1), (1r), am. (2), r. and recr. (3), am. (4) to (7), r. (8), am. (9) Register January 2016 No. 721, eff. 2-1-16; correction in (3) (d) made under s. 35.17, Stats., Register December 2018 No. 756.

Wis. Admin. Code § PSC 160.092 Alternative universal service protection plans {#sec-psc-160.092 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.092}

(1) After notice and opportunity for hearing the commission may, by order, implement one or more of the following plans:

(a) An alternative to the high rate assistance credit mechanism in s. PSC 160.09.

(b) A measure to ensure provision of intralata and interlata essential services.

(2) Alternative plans under this section shall be implemented on an experimental basis. These plans shall be reviewed within 3 years of inception and shall terminate within 5 years of inception, unless made permanent by commission order after notice and an opportunity for hearing.

(3) Alternative plans under this section may make use of cost studies, bidding, auctions, defined service territories or other mechanisms to protect universal service. The commission may, by order, authorize payment of universal service fund monies as part of an alternative plan.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; CR 13-068: renum. (1) to (1) (a) and am., cr. (1) (intro.), (b), (c), am. (2), (3), r. (4) Register January 2016 No. 721, eff. 2-1-16; corrections in (2) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register January 2016 No. 721.

Wis. Admin. Code § PSC 160.115 Medical telecommunications equipment program {#sec-psc-160.115 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.115}

(1) For purposes of this section:

(a) “Initial application” means the first application for universal service fund support under this section that an applicant files in a state fiscal year.

(b) “Non-profit medical clinic” includes any clinic or hospital that meets all of the following:

Is a non-profit organization governed by a board of directors.
Serves federally designated health professional shortage areas as defined in 42 USC 254e (a) (1), medically underserved areas, or medically underserved populations.
Does one or both of the following:

a. Provides services to all patients regardless of insurance status.

b. Uses a sliding fee scale for uninsured patients based on income status.

(c) “Public health agency” includes the department of health services, any local health department as defined in s. 250.01 (4), Stats., and any health care facility or program operated by a tribe or tribal organization under the Indian Self-Determination Act (25 USC 450f et seq.)

(2) The commission may grant funding to non-profit medical clinics and public health agencies for the purchase of telecommunications equipment for any of the following purposes:

(a) To promote technologically advanced medical services.

(b) To directly or indirectly enhance access to medical care in rural or underserved areas of the state, or both.

(c) To directly or indirectly enhance access to medical care by underserved populations or persons with disabilities in the state, or both.

(3) The commission may grant a maximum of $500,000 in universal service fund support granted under this section per state fiscal year, or $1,000,000 per state biennium.

(4)

(a) An applicant for universal service fund support under this section may not, in its application, request disbursement of support for a time period longer than that specified in the solicitation for grant applications.

(b) All applications shall become public documents upon filing.

(5) An applicant for funding shall include all of the following in its application:

(a) A description of the telecommunications equipment for which universal service fund support is requested.

(b) An explanation of how the applicant’s purchase of the telecommunications equipment will support the purposes identified in sub. (2).

(d) A description of how the portion of the purchase price not covered by universal service fund support, if any, will be paid for.

(e) A description of the steps taken to secure the telecommunications equipment at reasonable prices.

(f) A statement certifying that the universal service fund support will be used for the purpose granted.

(g) Any other information that the commission considers necessary.

(6)

(a) The commission shall evaluate all applications submitted under this section. The commission may approve all or part of an application if it includes the information required under sub. (5) and if the commission determines the following:

The applicant is a non-profit medical clinic or public health agency located in Wisconsin.
The applicant’s purchase of telecommunications equipment will support the purposes identified in sub. (2).
The applicant will be able to pay for the portion of the cost of the equipment not funded under this section.
The applicant has taken steps to secure the equipment at reasonable prices.

(b) Public health agencies and non-profit organizations that operate more than one location may receive universal service fund support for telecommunications equipment at more than one location, but before approving an application involving an additional location, the commission shall consider how much total universal service fund support has been received by the agency or organization during the time period specified in the solicitation for grant applications and the total amount remaining available to be granted under this section during that time period.

(c) The commission may give preference to initial applications filed by a public health agency or non-profit medical clinic.

(d) The commission may convene a panel of experts to assist in the evaluation of applications submitted under this section.

History

Cr. Register, April, 2000, No. 532, eff. 5-1-00; correction in (1) (c) made under s. 13.92 (4) (b) 6., Stats., Register February 2011 No. 662; CR 13-068: am. (1) (a), (b) (intro.), 1., 2., (2) (intro.), (b), (c), (3), (4) (a), (5) (intro.), (b), (c), (g), (6) (a) (intro.), 4., (b), renum. (6) (c) to (d), cr. (6) (c) Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.125 Funding to promote access to telecommunications services {#sec-psc-160.125 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.125}

(1) Telephone access service for the homeless.

(a) The commission may compensate any voice mail provider for providing, on request, to a social services agency, a job service agency or a homeless shelter authority, voice-mail service without charge to be used by that agency or authority for the benefit of its homeless clients or residents.

(b) A voice-mail provider that is providing voice-mail boxes to a qualifying agency or authority at no charge may request and receive reimbursement only for its incremental usage and administrative costs of providing this service using available capacity. As an alternative, a provider may request and receive reimbursement from the fund at a standard rate set by the commission to cover expected incremental costs of providing this service using available capacity.

(c) A qualifying agency or authority administering or providing voice-mail service to homeless clients may request reimbursement for its costs directly attributable to administering and providing the voice-mail boxes for the benefit of its homeless clients.

(d) To evaluate the effectiveness of this program, the commission may monitor and obtain information on the offering of this service from the participating voice mail providers, social services agencies, job service agencies and homeless shelter authorities.

(e) A social services agency, job service agency, or homeless shelter authority participating in this program shall maintain a list of all individuals receiving voice mail under this section.

(2) Access programs or projects by non-profit groups.

(a) The commission may grant partial funding to non-profit groups for the facilitation of affordable access to telecommunications services through programs or projects, or both, not supported elsewhere in this chapter, but that are consistent with the purposes identified in s. 196.218 (5) (a) 1., Stats.

Note: As of April 2015, s. 196.218 (5) (a) 1., Stats., reads in pertinent part:

(5) Uses of the fund. (a) The commission shall require that moneys in the universal service fund be used only for any of the following purposes:

To assist customers located in areas of this state that have relatively high costs of telecommunications services, low-income customers and disabled customers in obtaining affordable access to a basic set of essential telecommunications services.

(b) Any non-profit group may apply for universal service funding to fund any portion of a program or project or both. Funding shall be granted on a state fiscal year basis, but funding for more than one fiscal year may be approved at one time. The commission shall issue a list of approved programs or projects, or both, when grants are awarded. All applications become public documents upon filing.

A statement that the applicant is a non-profit group, as defined in s. PSC 160.02 (23).

1m. A description of a public need which is not being met at present.

A description of how the program or project is consistent with the purpose identified in s. 196.218 (5) (a) 1., Stats.
A description of the program or project proposed, including a description of how the public need described in subd. 1m. may be met through affordable access to telecommunications.
A showing that the proposed program or project meets the described public need in a least cost manner. This requirement can be met by showing that the applicant carried out an appropriate request for proposals.
Identification of the providers of each portion of the telecommunications services or equipment and a specific description of the components of the program or project including all of the following:

a. The costs of telecommunications services and telecommunications equipment used by the program or project.

b. The cost of training for those who are served by the program or project so that they can use the services.

c. The administrative costs directly attributable to the program or project.

d. The cost of technical expertise required to complete the program or project.

e. Revenue from services or training described in subd. 5. b.

(d) The commission shall evaluate all complete and timely applications submitted. In evaluating the applications the commission shall consider information including all of the following:

The basis of the public need to be met.
The extent to which other programs or projects, either funded under this section or otherwise under this chapter, meet that need.
The overall cost of the proposed program or project.

(e) The universal service fund shall reimburse applicants for up to 75% of the cost of reimbursable portions of the program or project, or both. The reimbursable costs include those listed in par. (c) 5. a. to d. The applicant may include in-kind goods or services, or both, as resources to be used for the remainder of the costs of the program or project, or both.

(f) The commission shall determine the programs or projects, or both, to be funded and the amount of reimbursement for each program or project. The commission may grant a maximum of $500,000 in funding under this subsection per state fiscal year, or $1,000,000 per state biennium.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; renum. from 160.063 (title), (1), (2), (3) and (4) to be 160.125 (1) (title), renum. (1) to (4) to be (1) (a), (b), (d) and (e), cr. (1) (c) and (2), Register, April, 2000, No. 532, eff. 5-1-00; corrections in (2) (a), (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 13-068: am. (1) (title), (a), (b), (e), (2) (a), (b), renum. (2) (c) 1. to (2) (c) 1m. and am., cr. (2) (c) 1., am. (2) (c) 2., 3., 5. (intro.), a. to d., (d) (intro.), 1., 2., (e), (f) Register January 2016 No. 721, eff. 2-1-16; correction under s. 35.17, Stats., in (2) (c) 1. Register January 2016 No. 721.

Wis. Admin. Code § PSC 160.13 Designation of eligible telecommunications carriers {#sec-psc-160.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.13}

(1) General.

(a) The commission may designate a telecommunications provider as an eligible telecommunications carrier. This designation is not transferable.

(b) The commission may suspend or revoke an ETC designation if the designee violates the requirements in this section.

(2) Requirements for ETC designation.

(a) A full or low-income ETC, but not a federal-only ETC, is eligible to receive universal service funding for an area, under both applicable federal and state universal service programs, if it meets all of the following requirements:

Holds itself ready to offer all elements of essential telecommunications service, as defined in s. PSC 160.03 (2), to all customers in the area for which it is requesting ETC status.
Regularly advertises its service in the area for which it is requesting ETC status, with the advertisements meeting all of the following requirements:

a. Are disseminated in media of general distribution in the area, at least 2 times per year.

b. Describe the services offered.

Offers lifeline service, as defined in s. PSC 160.062, wherever service is offered in the area for which it is requesting ETC status, and publicizes the availability of those offerings in a manner reasonably designed to reach those likely to qualify for them.
Meets all of the applicable federal eligibility requirements in 47 CFR 54.201 and 54.202 (a).

(b) An applicant for federal-only ETC designation under s. 196.218 (4) (b), Stats., is required to meet all of the applicable federal eligibility requirements in 47 CFR 54.201 and 54.202, and any state requirements or processes that federal law requires ETCs to follow.

Note: For example, federal ETC regulations require all providers to follow some provisions of state law, such as use of state lifeline eligibility verification databases.

(3) Application for new or expanded ETC status. Application for new or expanded ETC status. An applicant for new or expanded eligible telecommunications carrier status shall demonstrate its ability to meet the requirements under sub. (2) by including all of the following information in its application:

(a) Certification that it will meet the requirements in sub. (2) (a) or (b).

(b) A demonstration of how the applicant meets the requirement of 47 USC 214 (e) (1) (A). This shall be demonstrated in one of the following ways:

An explanation of how the applicant will use its own facilities, or a combination of its own facilities and resale, to provide voice telecommunications service to a Wisconsin customer.
An electronic link to or copy of the federal communications commission order approving the applicant’s compliance plan, and an electronic link to the approved compliance plan.

Note: A provider may apply for ETC designation before its compliance plan is approved by the Federal Communications Commission, but the commission will not act on the application until the plan is approved.

A copy of the applicant’s 5 year plan, and associated documentation, as required by 47 CFR 54.202 (a) (1) ii., including certification that it will use any federal high cost support monies for the purposes allowed under 47 USC 254 (e) and 47 CFR 54.313 (a) and 54.314 (a).
A certified statement that the applicant will not seek high cost assistance funding from the federal universal service fund or high rate assistance funding from the state universal service fund.

(d) A copy of any certifications, information and demonstrations required under 47 CFR 54.201 and 54.202.

(e) A list of all of the exchanges or wire centers, or both, for which ETC status is sought and identification of any wire center for which status is sought for only a portion of the wire center.

(f) The applicant’s name, any other name under which the applicant does business, the applicant’s commission utility identification number and proof of registration with the department of financial institutions.

(g) The applicant’s contact information for each of the following:

Commission inquiries about financial or assessment issues.
Commission inquiries about customer issues.
Customers to use to contact the applicant directly about customer issues.
Potential customers to use to obtain service from the applicant.

(h) A statement that the applicant will timely update the information in pars. (f) and (g).

(i) Any other information the commission considers necessary.

(4) ETC reporting. All eligible telecommunications carriers shall submit to the commission, within 14 days of the associated federal filing date, all of the following:

(a) For full ETCs that are eligible for high cost assistance, all of the following:

All of the information required under 47 CFR 54.313.
Any information necessary for the commission to certify that the ETC has this year, and will next year, use its high cost assistance monies for the purposes allowed under 47 USC 254 (e) and 47 CFR 54.313 (a) and 54.314 (a).
Any other information that federal regulations require such ETCs to provide to state commissions.

(b) For all full and low-income ETCs, all of the following:

The information required under 47 CFR 54.422.
Any other information that federal regulations require such ETCs to provide to state commissions.

Updates to all of the information in sub. (3) (g) and (h).
Any other information that federal regulations require ETCs to provide to state commissions.

Note: Some of the information required under this section can be provided to the commission by submitting copies of filings with the FCC.

(5) Area covered by ETC designation.

(a) The area in which a provider shall be designated as an eligible telecommunications carrier shall be one of the following:

If requesting ETC designation for an area that is served by an incumbent local exchange provider that is not a rural telephone company, one of the following:

a. For a full ETC applicant, one or more of the incumbent local exchange service provider’s wire centers.

b. For a low-income ETC applicant, the area designated by the applicant and approved by the commission.

If requesting ETC designation for an area that is served by an incumbent local exchange service provider that is a rural telephone company, one of the following:

a. Except as provided in subd. 2. b., the incumbent local exchange service provider’s entire service territory.

b. If the federal communications commission has granted a provider forbearance from the requirement that its designated area match the boundaries of a rural incumbent local exchange carrier’s service territory, the area designated by the applicant and approved by the commission.

(b) Notwithstanding any other provision in this subsection, unless approved by the commission and, if necessary, the federal communications commission, no ETC designation area may include only a portion of a wire center.

(6) Designation of multiple ETCs in an area .

(a) The commission may only designate an additional eligible telecommunications carrier in an area where one has already been designated after finding that doing so is in the public interest. For an area served by an incumbent local exchange service provider that is not a rural telephone company, the commission may perform a less detailed public interest analysis than if the area is served by an incumbent local exchange service provider that is a rural telephone company.

(b) In its public interest analysis under par. (a), the commission shall include consideration of all of the following:

The factors in s. 196.03 (6), Stats.
The potential for cream-skimming.

(7) List of ETCs. The commission shall maintain a list of the eligible telecommunications carriers for all areas of the state.

(8) Relinquishing ETC designation.

(a) An eligible telecommunications carrier may relinquish that designation for an area by notifying the commission and the administrators of both the state and federal universal service funds, in writing, of its intention.

(b) If at least one other ETC is designated for that area, the relinquishing ETC shall be relieved of ETC status for that area, without commission action, on the later of 14 days after commission receipt of the notification or the effective date proposed by the provider.

(c) If no other ETC is designated for that area, the relinquishing ETC shall remain as the ETC for that area until the commission designates an alternative ETC. In that case, the commission shall notify the relinquishing, ETC and the administrators of the state and federal funds, that ETC status is still in effect. The commission may use an auction or other reasonable process to designate a new ETC for an area for which the only existing ETC is seeking to relinquish that status. The commission may authorize compensation from the universal service fund as part of this process.

(d) A provider may continue to furnish services in an area for which it has relinquished ETC status. If a provider seeks to abandon facilities or discontinue any service, it shall notify affected customers and follow any abandonment or discontinuance procedures required by the commission, Wisconsin department of agriculture, trade and consumer protection or the federal communications commission.

(e) A federal-only eligible telecommunications carrier that is no longer eligible for that designation because it is no longer a wireless provider or because it wants to access state USF support may apply for a new ETC designation. The ETC’s federal-only ETC status remains in effect while the commission investigates and acts on the ETC’s new application.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; r. and recr. Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. and recr. Register January 2016 No. 721, eff. 2-1-16; correction in (3) (c) 1., (4) (a) 2., (c) 1., (5) (a) 2. a. made under s. 35.17, Stats. Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.16 Fund administrator {#sec-psc-160.16 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.16}

(1) The commission shall designate the fund administrator and provide for an annual independent audit of the fund. The commission shall establish guidelines for administration and assignment of liabilities.

(2) The fund administrator may propose a change or modification to the mechanisms of administration of the fund. The commission may approve the request without hearing.

(3) The universal service fund shall compensate the administrator for the administrator’s costs of administering the fund as approved by the commission.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; reprinted to restore dropped copy, Register, May, 1996, No. 485; r. (3) to (5), renum. (6) to be (3), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. (1), (2) Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.17 Fund budget and assessment rates {#sec-psc-160.17 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.17}

(1) At least annually, the commission shall set the budget for fund administration and the programs specified in s. PSC 160.05 (1). The commission may make adjustments to the budget as needed to address unforeseen circumstances. Adjustments may include:

(a) Reallocating the budget among programs.

(b) Modifying the support formulas or benefits within a program.

(2) At least annually, the commission, in consultation with the appropriate agencies, shall determine the amounts necessary for funding the payments specified in s. PSC 160.05 (2), (3), and (5) to (8).

(3) Based on the need for funds under subs. (1) and (2) and s. 196.218 (5) (a) 6., Stats., and subject to the appropriation amounts in ch. 20, Stats., the commission shall determine the assessment rates to apply to providers. The commission may modify the assessment rates at any time based on changes in funding needs or provider revenues subject to assessment.

(4) The commission shall provide notice of the proposed budget under sub. (1) to the universal service fund council and other interested persons with an opportunity for comment prior to commission action.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; emerg. am. eff. 2-27-98; r. and recr. (1), r. (2), renum. (3) to be (4) and am., cr. (2) and (3), Register, October, 1998, No. 514, eff. 11-1-98; CR 13-068: am. (1) (c), (2), (4) Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.18 Collection of universal service fund monies {#sec-psc-160.18 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.18}

(1) Each assessed provider shall pay the amount of its assessment to the universal service fund. Assessed providers include all telecommunications providers operating within Wisconsin, except those with intrastate gross telecommunications revenues of less than $200,000 during the preceding calendar year.

(2) The commission may require a person other than a telecommunications provider to contribute to the universal service fund, if after notice and opportunity for hearing the commission determines that the person is offering nontraditional broadcast services in competition with a telecommunications service for which a contribution is required under this chapter.

(3) Telecommunications providers shall be assessed on the basis of their gross intrastate operating revenues from telecommunications services.

(4) Each telecommunications provider shall submit information, on a schedule and in a format set by the commission, on the telecommunications provider’s gross intrastate telecommunications revenues during the preceding calendar year.

(5) The percentage liability for a given telecommunications provider is the ratio of that provider’s intrastate gross telecommunications revenues to the sum of the intrastate gross telecommunications revenues for all contributory providers.

(6) A given telecommunications provider shall be assessed the percentage liability of that provider under sub. (5) multiplied by the total annual amount to be collected. For monthly billings, the annual assessment amount shall be divided into 12 equal parts. For quarterly billings the annual amount shall be divided into four equal parts.

(7) Telecommunications providers who provided telecommunications service in Wisconsin for only part of the preceding calendar year shall be assessed based on actual revenues for the year, without adjustments to annualize that revenue.

(8) Failure to receive a bill is not grounds for relief from a telecommunications provider’s liability for assessment.

(9)

(a) The commission may bill telecommunications providers for the assessments as calculated in sub. (6) on a monthly, quarterly or annual basis. A telecommunications provider shall pay its monthly, quarterly or annually billed portion of its calculated assessment within 30 days after the bill is mailed. A telecommunications provider that has not paid within 30 days after the bill is mailed shall be considered to have not paid under s. 196.218 (8), Stats., and the commission may collect the bill using the process described in s. 196.85 (3), Stats.

(b)

A telecommunications provider that disagrees with a new assessment amount as calculated under sub. (6) shall object within 30 days after the bill using the new assessment amount is mailed. The commission shall consider an objection to an assessment amount made more than 30 days after the first bill using the new assessment amount is mailed as an objection to the assessment amount beginning with the most recent assessment bill.

Note: For example, if a new assessment amount is billed on October 1 and an objection is filed on October 15, the objection will be to the amount on all bills from October 1 on. If an objection is filed on November 15, the objection will be to the amount on all bills from November 1 on.

The making of an objection and commission action regarding that objection shall follow the process described in s. 196.85 (4), Stats.
Notwithstanding subd. 1., if the objection is due to a mistake in calculating or reporting data, and the mistake results in a provider overpaying, then the commission shall reimburse the provider the amount overpaid even if the objection is made more than 30 days after the first bill using a new assessment amount.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; renum. (1) (intro.) and (9) to be (1) and (9) (a), r. (1) (a) and (b), cr. (9) (b) and (10), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. (4), (6), (9) (a), renum. (9) (b) to (9) (b) 1. and am., cr. (9) (b) 2., 3., r. (10) Register January 2016 No. 721, eff. 2-1-16; correction in (9) (b) 3. made under s. 35.17, Stats., Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.181 Use audit {#sec-psc-160.181 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.181}

Recipients of universal service fund monies may be audited by the commission to ensure that the funding was requested and used appropriately.

History

Cr. Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. and recr. Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PSC 160.19 Universal service fund council {#sec-psc-160.19 omnilex-key=us-wi-regs-official--agency-psc--PSC 160.19}

(1) The commission shall appoint a universal service fund council to advise the commission concerning the administration of s. 196.218, Stats., the content of administrative rules adopted under s. 196.218, Stats., and any other matters assigned to the universal service fund council by the commission.

(2) The universal service fund council shall consist of telecommunications providers and of consumers of telecommunications services. The commission shall appoint a diverse membership to the universal service council including representatives of the incumbent and competitive local exchange telecommunications industry; the cable industry; the wireless industry; and consumers of telecommunications services including residential, business, governmental, and public special interest group users of telecommunications services.

(3) A majority of the members of the universal service fund council shall be representatives of consumers of telecommunications services.

(4)

(a) Universal service fund council members shall be appointed to staggered three-year terms.

(b) The commission may appoint a replacement member to serve the remaining term of a member withdrawing from the universal service fund council.

(5) The universal service fund council shall elect a chairperson and a vice-chairperson from its membership, not including the commission staff liaison. The term of office for these positions shall be one year. Elections may be held at the first meeting of each calendar year or may be conducted by mail prior to the first meeting of each calendar year.

(6) The universal service fund council shall meet at least twice annually. Other meetings may be called, upon adequate notice to all members, to address matters of the fund as they arise. Meetings of the universal service fund council shall be open to the public.

(7) Members of the universal service fund council shall serve without compensation. Members, other than those members representing the telecommunications industry and any members representing state agencies, may be reimbursed for their actual and necessary expenses incurred in the performance of their duties as part of the universal service fund council, subject to budget guidelines adopted by the commission.

(8)

(a) The universal service fund council may adopt bylaws appropriate for its operation.

(b) The universal service fund council may form subcommittees of its membership as necessary to review issues and make recommendations for consideration of the full council.

(9) The commission shall assign staff members as needed to facilitate the work of the universal service fund council. The commission shall appoint a member of the commission staff to serve as staff liaison for the universal service fund council. The liaison shall be a non-voting member and shall do all of the following:

(a) Assist the universal service fund council in obtaining subject matter expertise in the area of universal telecommunications service.

(b) Maintain the official record of the universal service fund council, including membership, minutes of meetings, agendas and reports.

(d) Provide other administrative assistance as required.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (4) (a) and (5), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. (1), (2), (4) (b) Register Janaury 2016 No. 721, eff. 2-1-16.

Chapter PSC 161 EDUCATIONAL TELECOMMUNICATIONS ACCESS PROGRAM

Wis. Admin. Code § PSC 161.01 Purpose and special consideration {#sec-psc-161.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.01}

(1) Purpose. As required under s. 16.997 (1), Stats., this chapter establishes an educational telecommunications access program to provide access to data lines and video links for eligible school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards. Under this chapter, the technology for educational achievement in Wisconsin board determines eligibility to participate in the program. The department of administration contracts with telecommunications providers under s. 16.974 (1), Stats., for the requested access. The applicant makes monthly payments to the department for each data line or video link. The board pays from the universal service fund the difference between costs under the contract and the applicant’s payments. The board may consider, as alternative access, service architecture or technology not available through the department at the time of the application.

(2) Special consideration. The board may apply to the commission for a waiver of any requirement in this chapter for exceptional or unusual situations. Upon due investigation of the facts and circumstances involved, the commission may waive in exceptional or unusual situations any requirement in this chapter, so that the provision of access is in a manner which is lesser, greater, other or different than otherwise required in this chapter.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 161.02 Definitions {#sec-psc-161.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.02}

In this chapter:

(1) “Alternative access” means a service architecture or technology not available through the department at the time of the application.

(2) “Board” means the technology for educational achievement in Wisconsin board.

(3) “Commission” means the public service commission.

(4) “Cooperative educational service agency” is a service unit created under ch. 116, Stats.

(5) “Data line” has the meaning given in s. 16.99 (1m), Stats.

(6) “Department” means the department of administration.

(7) “Private college” has the meaning given in s. 16.99 (3g), Stats.

(8) “Private school” has the meaning given in s. 115.001 (3r), Stats.

(9) “Public library board” means a board created under ch. 43, Stats.

(10) “School district” has the meaning given in s. 115.01 (3), Stats.

(11) “Technical college district” means a district organized under ch. 38, Stats.

(12) “Universal service fund” means the trust fund established under s. 25.95, Stats.

(13) “Video link” means a 2–way interactive video circuit and associated services.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98; corrections in (5) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 161.03 Technical standards {#sec-psc-161.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.03}

(1) General standards. The board shall establish technical standards and specifications as necessary for access to data lines or video links provided under the educational telecommunications access program to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards. The board shall encourage the use of internationally recognized standards, specifications and technologies, and consider adopting such standards, specifications and technologies as soon as possible, to ensure that access provided under this chapter allows maximum interaction with other networks throughout the world.

(2) Data line. A data line shall terminate at an internet service provider unless the board determines that an alternative is acceptable. A data line may include transport and associated hardware required by the department for its management of its statewide network. A data line does not include voice services or other non–internet related data transmission or services unless the board determines that other data transmission is acceptable. The direct access to the internet provided by the data line does not include internet services such as subscription services, electronic mail, applications and other services determined by the board.

(3) Video link. The video link may include transport, switching equipment and software needed to provide 2–way interactive video, maintenance, scheduling software, and equipment needed to compress and decompress video information. A video link may also include direct access to the internet through available channels within the circuit and access to a gateway for purposes of inter–system communication and compatibility. A video link may not include television monitors, video cameras, audio equipment, any other classroom equipment or personnel costs associated with scheduling.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98.

Wis. Admin. Code § PSC 161.04 Privacy protections {#sec-psc-161.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.04}

(1) Any access to data lines or video links provided under the educational telecommunications access program shall include protections against the outflow of information about users of telecommunications services and protections to the users of telecommunications services from receiving privacy intrusions, as required under s. 16.997 (2) (e), Stats.

(2) School districts, private schools, cooperative education service agencies, technical college districts, private colleges and public library boards with data lines or video links provided under the educational telecommunications access program shall instruct all personnel with access to the data lines and video links of the need to protect the confidentiality of information transmitted over, and the users of, the data lines and video links, and of the privacy requirements noted in this section.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 161.05 Applications {#sec-psc-161.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.05}

(1) Except as provided under sub. (3), a school district, private school, cooperative educational service agency, technical college district, private college or public library board may apply to the board to participate in the educational telecommunications access program for access to a data line or video link.

(2) Notwithstanding sub. (1), a school district which operates more than one high school may apply for access to a data line and video link or access to more than one data line or video link. A school district may not apply for access to more data lines or video links than the number of high schools in that district.

(3) A school district may not apply to participate in the educational telecommunications access program for access to a data line or video link if it has received in the current state fiscal year, July 1 to June 30, an annual grant from the board under s. 16.997 (6), Stats.

Note: Section 16.997 (6), Stats., was repealed by 2007 Wis. Act 20.

(5) The application to the board shall include the following:

(a) The name, address and telephone number of the school district, private school, cooperative educational service agency, technical college district, private college or public library board and the name and telephone number of an individual to contact about the application.

(b) A description of the access requested and plans for its use.

(d) The desired date for service to begin for each data line or video link requested.

(e) A brief description of the proposed use of each data line or video link requested.

(f) Other information requested by the board.

Note: Application materials are available from the TEACH Board. The TEACH Board’s web site is www.teachwi.state.wi.us.

(6) The board shall forward applications when received to the commission and department.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 13-068: r. (4) Register January 2016 No. 721, eff. 2-1-16; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

Wis. Admin. Code § PSC 161.06 Determinations of eligibility {#sec-psc-161.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.06}

(1) The board shall determine if any school district, private school, cooperative educational service agency, technical college district, private college or public library board which applies under s. PSC 161.05 is eligible to participate in the educational telecommunications access program.

(2) In its determination of eligibility under sub. (1), the board shall use the following criteria:

(a) Availability of funds and impact of the requested access on available funds.

(b) Applicant’s educational technology plan.

(c) Reasonableness of requested access, including economic efficiency and cost. Requests for access which requires telecommunications transport over long distances when similar access is available locally or regionally may be determined ineligible.

(d) Readiness of applicant to use the requested access, including program development, facility arrangements and staff training.

(e) Other criteria established by the board.

(3) If the board, after consultation with the commission, determines at any time that the monies in the universal service fund for this program are insufficient to approve all pending applications, the board may prioritize applications for access. In establishing priorities, the board may give a higher priority to an application whenever a determination of eligibility would maximize the number of eligible applicants statewide or geographically distribute access to data lines and video links throughout the state. In addition, the board may give a higher priority to any application from an applicant which does not already have a data line or video link in service, which has applied for a discount under the federal universal service program in 47 USC 254 or which establishes a reasonable level of utilization for the requested access line or video link. The board may establish at any time other criteria for prioritizing applications for access.

(4) The board shall notify the applicant, department and commission of its determination.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98.

Wis. Admin. Code § PSC 161.07 Provision of services {#sec-psc-161.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.07}

(1) Alternative access.

(a) If an applicant eligible for access under s. PSC 161.06 requests alternative access, the board may determine whether a particular alternative access is reasonable. The board may at any time seek assistance from the department, which may include an analysis of the feasibility of the alternative access requested.

(b) The board shall make its determination under par. (a) within 90 days of the deadline for applications established by the board, except that the department may request an extension for the completion of its feasibility analysis.

(2) Coordinate with department.

(a) The board shall coordinate with the department for the provision of requested access if the board has determined under s. PSC 161.06 that an applicant is eligible to participate in the educational telecommunications access program and, if the requested access is alternative access, the board has determined under sub. (1) that the alternative access is reasonable.

(b) Provision of alternative access by the board under par. (a) shall conform to the competitive procurement requirements of ch. 16, Stats.

(3) Notification. If the department is unable to contract under s. 16.974 (1), Stats., for the alternative access which the board is coordinating with the department under sub. (2), the department shall notify the board within 5 days of the department’s inability. The board shall notify the applicant and commission.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98; correction in (3) made under s. 13.93 (2m) (b) 7., Register April 2007 No. 616.

Wis. Admin. Code § PSC 161.08 Payments {#sec-psc-161.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.08}

(1) Any contract under s. 16.974 (1), Stats., between an applicant and the department shall require a monthly payment from the applicant to the department for each data line or video link, not to exceed $250 per month, except that the payment required may not exceed $100 per month for each data line or video link which relies on a transport medium operating at a speed of 1.544 megabits per second.

(2) The board shall pay from the universal service fund the costs of annual grants under s. 16.997 (6), Stats., and contracts under s. 16.974 (1), Stats., as required by s. 196.218 (5) (a) 5., Stats., to the extent that these costs are not paid under sub. (1).

Note: Section 16.997 (6), Stats., was repealed by 2007 Wis. Act 20.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98; corrections made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 161.09 Assessments {#sec-psc-161.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 161.09}

Assessments for the educational telecommunications access program shall be made by the commission pursuant to ch. PSC 160.

History

Cr. Register, October, 1998, No. 514, eff. 11-1-98.

Chapter PSC 165 STANDARDS FOR TELECOMMUNICATIONS SERVICE

Wis. Admin. Code § PSC 165.01 General {#sec-psc-165.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 165.01}

(2) The rules making up ch. PSC 165 are designed to effectuate and implement, in part, commission responsibilities and jurisdiction in ss. 196.016, 196.03, 196.04, 196.191, 196.199, and 196.50 (2) (b), (c), (f), and (g), Stats., and parts of other sections of Wisconsin statutes.

(3) The requirements of ch. PSC 165 shall be observed by all telecommunications public utilities subject to the jurisdiction of the commission except insofar as an exemption may be made by the commission as hereinafter mentioned. Nothing herein shall preclude special and individual consideration being given to exceptional or unusual situations and upon due investigation of the facts and circumstances therein involved, the adoption of requirements as to individual utilities or services which shall be lesser, greater, other, or different than those provided in these rules and regulations.

(4) The manner of enforcing the rules in ch. PSC 165 is prescribed in s. 196.66, Stats., and such other means as provided in statutory sections administered by the public service commission.

(5) In case of emergency, where public interest requires immediate action without waiting for compliance with the specific terms of these rules, the rules shall not prevent immediate corrective action by the utility, which action, however, shall be subject to review by the public service commission.

History

Cr. Register, October, 1968, No. 154, eff. 11-1-68; am. Register, December, 1991, No. 432, eff. 1-1-92; CR 06-046: r. (1) Register April 2007 No. 616, eff. 5-1-07; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 13-025: am. (2) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 165.02 Definitions {#sec-psc-165.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 165.02}

In this chapter:

(7) “Class of service” means the various categories of services generally available to customers, such as business or residence.

(9) “Commission” has the meaning set forth in s. 196.01, Stats.

(10) “Customer or subscriber” means any person, firm, partnership, corporation, municipality, cooperative organization, governmental agency, etc., provided with telecommunications service by any telecommunications utility.

(12) “Exchange” means a unit established by a telecommunications utility for the administration of telecommunications service in a specified area which usually embraces a city, town, or village and its environs. It consists of one or more central offices, remote switching units, or pair gain devices or both together with associated plant used in furnishing telecommunications service in that area.

(21) “Telecommunications service” has the meaning set forth in s. 196.01, Stats.

(22) “Telecommunications utility” has the meaning set forth in s. 196.01, Stats.

History

Cr. Register, October, 1968, No. 154, eff. 11-1-68; am. (intro.), (13) to (16), r. (12), (20), (21) and (25), renum. (1) to (11), (17) to (19), (22) to (24) to be (2) to (12), (18) to (23) and am., cr. (1) and (17), Register, December, 1991, No. 432, eff. 1-1-92; CR 13-025: r. (1) to (6), (8), (11), (13) to (20), (23) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 165.032 Schedules to be filed with the commission {#sec-psc-165.032 omnilex-key=us-wi-regs-official--agency-psc--PSC 165.032}

The provisions of the schedules of rates and rules filed with the commission and comprising the filed tariff of the utility shall be definite and so worded as to minimize ambiguity or the possibility of misinterpretation, and may include, together with such other information as may be deemed pertinent, any of the following subjects:

(1) A list of the exchanges and a tabulation of the rates and charges for local exchange service at those exchanges.

(2) A map of each exchange showing any applicable rate areas within the exchange.

(3) A tabulation of the extended-area service furnished.

(4) Definitions of classes of service.

(5) Rules for extending service to new customers indicating what portion of the line extension or the cost thereof will be furnished by the utility.

(6) Rules governing the establishment or re-establishment of service including credit requirements.

(7) Rules governing the procedure followed in disconnecting and reconnecting service.

(8) Rules governing foreign exchange service (where offered) and other service offerings together with the corresponding rates and charges.

(9) Rules governing the billing procedures and payment requirements.

History

Cr. Register, October, 1968, No. 154, eff. 11-1-68; CR 13-025: am. (intro.), (2), (6), (7), (9) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 165.033 Exchange area boundaries {#sec-psc-165.033 omnilex-key=us-wi-regs-official--agency-psc--PSC 165.033}

(1) For purposes of its statewide telecommunications utility certification under s. 196.50 (2), Stats., a telecommunications utility shall file accurate exchange area boundary maps depicting each specific obliged-to-serve geographical area in which it offers a local exchange service, as defined in s. 196.219 (1) (b), Stats. Except as provided in sub. (2), the commission shall use the exchange area boundaries designated by the maps on file with it on June 9, 2011, to assist in the following activities:

(a) Administration of numbering resources and federal local number portability requirements by determining rate center boundaries.

(b) Designation of eligible telecommunications carriers by determining wire center boundaries to the extent feasible.

(2) Where multiple rate centers or wire centers existed within an exchange on June 9, 2011, the commission shall use the rate centers or wire centers existing on that date to assist its activities identified in subs. (1) (a) and (b).

Note: Identification of the use of exchange boundary maps is not intended to delimit the entire scope of commission activities in its administration of numbering resources and federal local number portability requirements or in its designation of eligible telecommunications carriers.

History

Cr. Register, October, 1968, No. 154, eff. 11-1-68; am. Register, December, 1991, No. 432, eff. 1-1-92; CR 13-025: am. Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 165.065 Emergency operation {#sec-psc-165.065 omnilex-key=us-wi-regs-official--agency-psc--PSC 165.065}

Each telecommunications utility shall make reasonable provision to meet emergencies resulting from national security requirements, failures of lighting or power service, sudden and prolonged increases in traffic, illness of personnel, or from fire, storm, or similar emergencies.

History

Cr. Register, October, 1968, No. 154, eff. 11-1-68; am. Register, December, 1991, No. 432, eff. 1-1-92; CR 13-025: am. (1), r. (2) Register January 2014 No. 697, eff. 2-1-14.

Chapter PSC 168 TELECOMMUNICATIONS RESELLERS AND RESALE

Wis. Admin. Code § PSC 168.01 Purpose {#sec-psc-168.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.01}

(1) The purpose of this chapter is to set forth the regulation of resellers and resale, to identify those entities that are telecommunications providers that must be certified as resellers under s. 196.01 (1d) (c), Stats., and to state the requirements for consideration of petitions from telecommunications providers requesting certification as alternative telecommunications utility resellers. Regulations regarding the provision of operator services by telecommunications resellers and providers of private pay telephone services are specified. This chapter also describes the telecommunications services of telecommunications utilities and specified alternative telecommunications utilities that are, or are not, available for resale. This chapter sets forth procedures for petitioning to add or remove a service from those available for resale, or to impose, remove, or modify any restriction or condition unreasonably impairing the ability of a reseller to resell a specific telecommunications service. This chapter addresses neither the right nor the manner by which a telecommunications utility may secure or claim an exemption, suspension, or modification of the duty to resell, as addressed in s. 196.219 (2), Stats., and 47 USC 251 (f).

(2) Except as specified in ss. PSC 168.02 (12) and 168.03, this chapter does not apply to telecommunications utilities or telecommunications carriers.

(3) Nothing in this chapter shall preclude special and individual consideration being given to exceptional or unusual situations and upon due investigation of the facts and circumstances involved, the adoption of requirements as to individual providers or services that may be lesser, greater, other or different than those provided in this chapter.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § PSC 168.02 Definitions {#sec-psc-168.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.02}

In this chapter:

(1) “Alternative telecommunications utility” has the meaning given in s. 196.01 (1d), Stats.

(2) “Alternative telecommunications utility reseller” means that category of telecommunications provider referred to in s. 196.01 (1d) (c), Stats.

(3) “Collect call” means a call paid for by the party receiving the call where the receiving party does not have a standing arrangement for reversed charge calling.

(4) “Control of transmission facilities” includes leasing transmission facilities, but does not include the use of transmission facilities obtained pursuant to tariff filed under any provision of ch. 196, Stats., or an agreement under 47 USC 252 approved by the commission.

Note: “Dark fiber” leases or rental agreements that identify specific facilities constitute control of transmission facilities. In contrast, however, a long-term subscription to, or putative “lease” of, a transmission service, e.g., a “lease” of DS-3 transmission capacity, does not constitute control of transmission facilities, even though the nature of the service is largely defined by reference to the principal facility involved.

(5) “Customer dialed calling card call” means a call which is dialed by the customer, and for which the customer enters a calling card number directly, without operator intervention.

(6) “Holding company” has the meaning given in s. 196.795 (1) (h), Stats., and includes for purposes of this chapter only any company which owns, operates, manages or controls a telecommunications utility.

(7) “Holding company system” has the meaning given in s. 196.795 (1) (i), Stats., and includes for purposes of this chapter only a telecommunications utility as a public utility.

(8) “Operator assisted calling card call” means a call which is dialed by the customer and paid for with a calling card, but which requires operator intervention.

(9) “Pay telephone service provider” means a person who owns or leases a pay telephone located on property owned or leased by that person and telecommunications providers furnishing customer-owned, coin-operated telephones, also commonly known as “COCOTs” or COCOT providers, but does not include telecommunications utilities or telecommunications carriers.

(10) “Person to person call” means a call in which the calling party requests to speak to a particular person, and the call is put through only if that person comes to the telephone.

(11) “Telecommunications provider” has the meaning given in s. 196.01 (8p), Stats.

(12) “Telecommunications reseller” or “reseller” means a telecommunications provider that resells message or wide-area telecommunications services or other telecommunications services approved for resale pursuant to this chapter or commission order, and includes the following:

(a) Alternative telecommunications utility resellers.

(b) Alternative telecommunications utilities authorized to engage in resale.

(c) Pay telephone service providers, as defined in sub. (9), that provide operator services, resale of telecommunications services, or both.

(d) For purposes of s. PSC 168.03 only, telecommunications carriers and telecommunications utilities certificated pursuant to s. 196.50 (2), Stats., when engaged in reselling services of another telecommunications provider.

(13) “Telecommunications service,” for purposes of this chapter, means a telecommunications service, as defined in s. 196.01 (9m), Stats., that must be offered in a tariff pursuant to state or federal statute, or a rule or order of the commission or the federal communications commission.

Note: The Wisconsin statutes requiring tariffs are ss. 196.19 and 196.194 (1), Stats. The latter permits the execution of individual customer contracts, provided an authorizing tariff complying with the requirements of s. 196.194 (1), Stats., is filed with the commission.

(14) “0” or “0-” or “0 minus” call means a call for which the caller only dials “0,” and does not dial additional digits.

(15) “0+” or “0 plus” call means a call for which the caller dials “0” and additional digits such as on a calling card call when the caller dials “0” and then the telephone number.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § PSC 168.03 Services available for resale {#sec-psc-168.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.03}

(1) Whether offered at wholesale, retail, or both, all telecommunications services of telecommunications utilities and of alternative telecommunications utilities that are required to allow resale by commission rule or order are approved for resale by resellers, except the following:

(a) Trunks for 911 and E911 service.

(b) Telephone relay services.

(d) Telecommunications services offered in a market trial. “Market trial” means an offering of a new service for technical or market feasibility testing for a period not exceeding one year, and is offered only to a small subgroup of all intended customers.

(e) Telecommunications services offered at promotional rates that are restricted against resale by the offering utility. “Promotional rate” means a temporary price discount or other incentive offered to customers that will be effective for not more than 90 days for the purpose of encouraging the purchase of new or additional telecommunications services.

(f) Telecommunications services offered at a discount to institutions providing educational, library and health care services, as defined in 47 USC 254 and any rules of the commission or federal communications commission implementing that statute.

(g) Telecommunications services that have been grandfathered, unless the services are resold to customers that are eligible for the grandfathered services. In such cases, the reseller shall be charged no more than the grandfathered price, less any applicable wholesale discount and any other discounts, such as for volume or term, for which the reseller qualifies.

Note: Consistent with the last sentence of s. PSC 168.01 (1), this subsection does not compel the creation of a wholesale rate, when, for example, a small telecommunications utility is claiming that it is a rural telephone company exempt from such duty under the provisions of 47 USC 153 (37) and 251 (f) (1).

(2) Where prices for residential services are set below those for similar business services, telecommunications services bought at residential rates may not be resold to business customers.

(3) Upon its own motion, or upon petition by a reseller telecommunications provider, or other interested person, the commission may investigate the resale or potential resale of a service that is offered by a telecommunications utility or an alternative telecommunications utility and is not identified in sub. (1). The commission may determine whether the service should be ordered available for resale, what terms, restrictions and conditions, if any, are necessary or appropriate for resale, and whether under 47 USC 251 any present or proposed term, restriction, or condition unreasonably impairs the resale of the service. The commission may issue an order to protect or promote the public interest. An order may approve, restrict, condition, or remove a restriction on, the resale of a service.

Note: This paragraph authorizes the commission to broadly deal with tariff terms and conditions that in operation unreasonably impair the ability of a reseller to resell a tariffed telecommunications service, as defined in s. PSC 168.02 (13). To be subject to this paragraph, a tariff need not contain an explicit restriction against resale, which is prohibited by s. PSC 168.03 (1).

(4) The ownership or management of a private shared telecommunications system, as defined in s. 196.201 (1), Stats., by itself does not constitute resale of telecommunications services for purposes of this chapter, provided the resold services are furnished only to retail end-user customers at a discrete premises, such as a building complex or multi-tenant office building, served by the private shared telecommunications system.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § PSC 168.04 Providers subject to reseller certification {#sec-psc-168.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.04}

(1) Any entity offering resold telecommunications services is a reseller requiring certification under this chapter, unless it is an exempt entity under sub. (2) or it is certificated as an alternative telecommunications utility, other than a reseller pursuant to s. 196.01 (1d) (c), Stats., and its certification includes authorization to resell intrastate telecommunications services.

Note: New and existing telecommunications utilities certified pursuant to s. 196.50 (2), Stats., and telecommunications carriers certified pursuant to s. 196.499, Stats., are, under statutory or certificate specification of statewide authority to engage in telecommunications, necessarily authorized to engage in resale without need of express certification. Such authority narrowed the application of this chapter as specified in s. PSC 168.01 (2). Section PSC 168.07 (4) governs the treatment of certificates containing resale authority issued to alternative telecommunications utilities, reseller or otherwise, prior to December 1, 1997.

(2) An entity that otherwise must be certified under sub. (1) need not obtain certification under this chapter if the entity, as a whole, is one or more of the following:

(a) A marketing agent or employee that has no discretion with respect to the prices, discounts, terms or conditions of the resale of any telecommunications service.

(b) A broker, acting as an intermediary, that assists end-user customers to obtain services directly from underlying providers at rates, terms and conditions that the customers could normally obtain on their own.

(c) A wholly owned subsidiary that is doing business in Wisconsin and is owned by a reseller previously certificated under this chapter, if the owning reseller notifies the commission in writing that it desires to extend its authorization to the subsidiary and will consolidate all requested or reportable revenue and service information of the subsidiary in its own responses or reports when complying with the information filing requirements of this chapter and ch. PSC 160, governing the Wisconsin Universal Service Fund. Upon the commission’s receipt of a notice under this paragraph, the owning and subsidiary entities shall be considered a single certificated entity for all purposes under this chapter.

(d) A vendor of prepaid calling cards, provided that another telecommunications provider certificated by this commission supplies the underlying telecommunications services for the prepaid cards and that the viability of the prepaid cards does not depend on actions of the vendor.

(e) A member of a definable class or type of reseller that the commission by order under this subsection has excluded from those resellers requiring certification under this chapter.

(f) A provider or a reseller of service that is exempt from commission regulation under s. 196.202, Stats.

Note: Under this paragraph, cellular mobile radio telecommunications utilities that are exempt from commission regulation under s. 196.202, Stats., are not required to obtain certification to resell telecommunications services obtained from other providers. This rule also exempts from certification those entities engaged solely in the resale of cellular services. If a cellular service reseller, however, seeks to resell services from other providers other than cellular mobile radio telecommunications utilities, it would no longer be able to characterize its operations as wholly cellular resale and would be obliged under s. PSC 168.04 (1) to secure certification under this chapter.

(g) A reseller whose telecommunications reselling activities are exempt from commission regulation by federal statute or a rule or order of the federal communications commission.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § PSC 168.05 Qualifying providers {#sec-psc-168.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.05}

(1) A telecommunications provider that is certified as a telecommunications reseller under s. PSC 168.06 may do all of the following:

(a) Resell services approved for resale by the commission, as set forth in s. PSC 168.03, and purchase and use access services from telecommunications providers.

(b) Own, operate, manage or control switches, processors, routers, and other equipment customarily found in a telecommunications utility switching office or wire center.

(d) Own, operate, manage, or control, in Wisconsin, transmission facilities, including wire, cable, fiber optics, or radio, and associated electronics, whose cost basis, including capital leases as defined by generally accepted accounting principles, does not exceed $400,000. The requirements of this paragraph shall be determined for the reseller as of the date of its application for certification and as of December 31 of each calendar year, based upon responses to annual commission questionnaires filed under s. 168.12.

(2) Upon a petition from a reseller, or the commission’s own motion, the commission may, after investigation, notice and opportunity for hearing, exempt the reseller from sub. (1) (d), or reclassify the reseller as another type of telecommunications provider. When considering exempting or reclassifying a reseller, the commission may grant an exemption or order reclassification, with or without conditions to protect the public interest, based on the facts of the situation and any other information supplied by the provider.

(3) Nothing in this section authorizes a telecommunications reseller to provide facilities-based local exchange services, as defined in s. 196.219 (1) (b), Stats., in municipalities served by small telecommunications utilities having 150,000 or fewer access lines in service in this state and for which certification in compliance with ss. 196.203, 196.499 (16), or 196.50 (2), Stats., is required.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 13-025: am. (1) (d), (3) Register January 2014 No. 697, eff. 2-1-14; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2014 No. 697.

Wis. Admin. Code § PSC 168.06 Petition; certification {#sec-psc-168.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.06}

(1) A telecommunications provider that must be certified as a telecommunications reseller under this chapter may not resell intrastate telecommunications services in Wisconsin without receiving and maintaining certification as provided in this chapter. If a telecommunications provider fails to obtain or maintain certification as a telecommunications reseller as required under this chapter, the provider’s arrangements, contracts, and billings for resold intrastate telecommunications services rendered in Wisconsin without proper certification, are void.

(2) A telecommunications reseller seeking certification as an alternative telecommunications utility reseller shall file a petition with the commission containing the following information:

(a) The legal name, address and telephone number of the telecommunications reseller.

(b) A list of marketing, trade or other names under which the reseller intends to conduct business.

(d) An affidavit, signed by a corporate officer authorized to bind petitioner, that demonstrates that petitioner does not own, operate, manage or control, directly or indirectly, transmission facilities that are technologically capable of providing telecommunications service within Wisconsin and whose cost basis exceeds the limits specified in s. PSC 168.05 (1) (d).

(e) If the petitioner is part of a holding company system, the names of all system affiliates and a description of the nature of their affiliations with the petitioner in the holding company system.

(f) As appropriate, a copy of a Wisconsin certificate of incorporation or a certificate from the department of financial institutions authorizing the petitioner to transact business in Wisconsin, and petitioner’s state tax number.

(g) Identification of the services and activities under s. PSC 168.05 (1) for which certification is requested. A petition may include a request for exemption under s. PSC 168.05 (2).

(h) An affidavit, signed by a corporate officer authorized to bind petitioner, that verifies that all information provided in the petition is true and correct to the best of the officer’s knowledge or belief, and that the officer understands the commission’s requirement that each year, in order to continue certification in Wisconsin, an annual report must be timely filed and any required fee must be paid.

(i) Any other information as required by the commission.

(3) An original of the petition, and such number of copies as the commission may order, shall be filed with the secretary of the commission.

Note: The mailing address of the commission is P.O. Box 7854, Madison, WI 53707-7854.

(4) A fee for processing shall accompany a petition. A petition without the accompanying fee will not be accepted for filing and will be returned. The commission may determine by order the amount of the fee and the permissible form or forms of fee payment, which may include use of certified check, cashier’s check or money order and shall be made payable to the public service commission of Wisconsin. The amount of the fee will not be returned to the petitioner if the petition is ultimately rejected by the commission.

(5)

(a) On receipt of a reseller’s completed petition for certification and fee, the commission shall review the petition and conduct such additional investigation, including hearing, as may be appropriate. Upon concluding its investigation, the commission may certify the petitioner, with or without conditions, as an alternative telecommunications utility reseller, unless the commission determines that grant of the petition is not in the public interest.

Note: The current fee is $250, payable in any type of check or by money order. Cash is not acceptable.

(b) If a reseller is seeking recertification after a prior certification under this chapter expired or was revoked by the commission and it had operated in Wisconsin without certification, the commission may consider the following factors in determining any repayment, refund, or credit respecting the reseller’s void arrangements, contracts, and billings under sub. (1):

The reason for the failure to obtain certification of its operations under this chapter.
The cooperation of the reseller in resolving past deficiencies in conjunction with the application for re-certification.
The past conduct of the reseller during the period in which it operated without valid certification under this chapter.
The number and type of prior and pending consumer complaints against the reseller based upon violations of this chapter or regulations of any other governmental unit.
The impact of repayment, refund, or credit upon the financial viability of the reseller.

(6) If, upon petition by an interested person, the commission finds that a term or condition imposed in an alternative telecommunications utility certificate issued pursuant to this chapter is unnecessary for the protection of the public interest or is not competitively neutral in its effect, the commission shall modify or rescind the term or condition.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 10-143: renum. (5) to be (5) (a), cr. (5) (b) Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § PSC 168.07 Continuation of certification {#sec-psc-168.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.07}

(1) A certificate issued under this chapter is subject to automatic expiration if the reseller fails to file the annual report required by s. PSC 168.12, and the fee required under sub. (2) if the certificated reseller is not subject to assessment under s. PSC 168.09 (2). The expiration of a certificate shall be effective June 1 of the year in which the required report, or any fee required by this section, was not filed by April 1, or such later date as may be ordered by the commission.

(2) A reseller not subject to assessment under s. PSC 168.09 (2) shall pay a fixed fee with the filing of the annual report. The commission by order may determine the amount of the fee and the permissible form or forms of payment. An annual report received by the commission that is not accompanied by a required fee in the proper amount or form of payment will not be considered a substantially complete annual report filing for purposes of s. PSC 168.13 (1) (a) and may be returned.

Note: The current fee is $100, payable in any check form or by money order. Cash is not acceptable.

(3) A reseller issued its initial certificate under s. PSC 168.06 after January 1 and on or before April 1 shall comply with this section commencing in the succeeding calendar year.

(4) Commencing upon December, 31, 1997, existing certificates of authority that are held by any type of alternative telecommunications utility and that authorize the holder to engage in any type of resale of intrastate telecommunications services, shall be treated as follows:

(a) Any alternative telecommunications utility reseller holding an interim or final certificate of authority from the commission remains authorized to conduct its telecommunications business in this state under that certificate. Any interim certificate, however, shall be deemed permanent and modified to authorize resale of intrastate telecommunications services in compliance with this chapter, including the provision for expiration of certification for failure to comply with this section. This paragraph does not apply to make permanent any certification that was originally granted on an interim basis on account of the petitioner’s fitness and does not modify or rescind any terms and conditions imposed by the commission upon certifying under this chapter an alternative telecommunications utility reseller that is affiliated with a telecommunications utility authorized under s. 196.50 (2), Stats.

Note: Under this paragraph resellers having interim authorization to provide alternative operator services under commission docket 05-TI-116 now have permanent certification to provide those services in accordance with this chapter. Any reseller that had interim certification because of a fitness question still has interim certification, but is obliged to comply with this chapter. Except for fitness limitations, all existing alternative telecommunications utility (ATU) reseller certificates are deemed modified to make the resale operations of such resellers uniformly subject to this chapter, except where the certificate contains unique terms and conditions on account of the ATU reseller’s affiliation with a telecommunications utility. This provision does not make permanent those interim terms and conditions imposed on a certificate on account of a reseller’s affiliation with a telecommunications utility. Those interim terms and conditions are subject to further investigation in docket 05-TI-138 or any related dockets dealing with affiliate relationships.

(b) Any alternative telecommunications utility other than a reseller certified under s. 196.01 (1d) (c), Stats., retains interim or permanent certification as provided in its certificate. Any authorization in the certificate to resell intrastate telecommunications services shall be deemed modified to incorporate by reference the duty to comply with this chapter, except as modified or supplemented by the express terms of the certificate or the provisions of any applicable commission order.

Note: Under this paragraph, radio common carriers authorized to engage in resale must comply with this recreated ch. PSC 168. Competitive local exchange carriers authorized to engage in resale comply with this chapter to the extent provided by their certificates and any commission order specifying differing obligations respecting resale in local exchange markets, as provided in docket 05-TI-138.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § PSC 168.09 Compliance with statutes {#sec-psc-168.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.09}

(1) All alternative telecommunications utility resellers shall comply with the following sections of ch. 196, Stats.: ss. 196.02, 196.03 (6), 196.12, 196.14, 196.203, 196.207 (6), 196.208, 196.218, Stats., s. 196.219, Stats., excepting s. 196.219 (3) (b), (em), (f), (g), and (j), Stats., ss. 196.25, 196.26, 196.28, 196.37, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44, 196.65 and 196.66, Stats.

Note: The imposition of s. 196.203, Stats., reserves the jurisdiction of the commission to impose, as needed, additional provisions of ch. 196, Stats., not listed above. The imposition of s. 196.37, Stats., also effectively reserves the jurisdiction of the commission to take corrective action with respect to rates and services, if and when necessary.

(2) Alternative telecommunications utility resellers having gross operating revenues derived from Wisconsin intrastate operations of $200,000 or more in a calendar year shall comply with and be subject to assessment as provided in ss. 196.85, 196.858, and 196.859, Stats.

(3) Alternative telecommunications utility resellers are not required to comply with the provisions of ch. 201, Stats.

(4) Under s. PSC 168.12, alternative telecommunications utility resellers shall file with the commission responses to annual questionnaires regarding Wisconsin operations.

(5) Alternative telecommunications utility resellers shall comply with ch. PSC 160.

(6) An alternative telecommunications utility reseller shall respond to any other requests from the commission for information.

(7) Alternative telecommunications utilities engaging in resale shall comply with applicable regulations and orders of this commission and the federal communications commission, including rules and orders governing the execution and alteration of customer presubscription agreements or arrangements.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 10-143: am. (2) Register August 2011 No. 668, eff. 9-1-11; CR 13-025: am. (4) Register January 2014 No. 697, eff. 2-1-14; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805.

Wis. Admin. Code § PSC 168.10 General notification requirement {#sec-psc-168.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.10}

An alternative telecommunications utility reseller certified under this chapter shall, within 20 days of the occurrence, notify the commission in writing of any change to information supplied in response to s. PSC 168.06 (2) (a), (b), (c), or (g).

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 13-025: renum. (1) (intro.), (a) to 168.10 and am., r. (1) (b) to (d), (2) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 168.12 Reports and requests for information {#sec-psc-168.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.12}

(1) Each reseller shall file with the commission by April 1 of each year responses to an annual commission questionnaire that provide details concerning the following:

(a) All changes in information filed with the reseller’s petition requesting certification as an alternative telecommunications utility reseller.

(b) Adoption of other marketing, trade, or “doing business as” names.

(c) Acquisition of transmission facilities resulting in the telecommunications reseller owning, operating, managing or controlling transmission facilities whose cost basis exceeds the maximum specified in s. PSC 168.05 (1) (d).

(d) Total gross operating revenues generated by the provision of intrastate Wisconsin telecommunications services, apportioned between wholesale and retail revenues. “Retail revenues” means only those revenues derived from services sold directly to retail end-user customers. “Wholesale revenues” means only those revenues from telecommunications services sold to other telecommunications providers.

(e) Intrastate minutes of use of telecommunications services provided by the reseller, number of Wisconsin wholesale customers and number of Wisconsin retail customers served by the reseller.

(2) Each reseller shall respond to any other requests from the commission for information. The form designated by the commission for a request for confidential treatment of information shall accompany any confidential information filed.

Note: Copies of the annual report form to be filed by telecommunications resellers and Form PSC-RM 7000 to request confidential treatment may be obtained from the Public Service Commission of Wisconsin, P.O. Box 7854, Madison, WI 53707-7854.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 13-025: am. (1) (intro.), r. (1) (f) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PSC 168.13 Revocation of certification {#sec-psc-168.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.13}

(1) Certification of a reseller may be revoked under the procedure in sub. (2) for any of the following reasons:

(a) Failure to file substantially complete responses to the commission’s annual questionnaire required by s. PSC 168.12.

(b) Failure to comply with any applicable provision of this chapter or of ch. 196, Stats.

(c) Failure to provide Wisconsin intrastate telecommunications service consistent with the provisions of s. 196.03 (6) or 196.203 (3), Stats., applicable provisions of 47 USC 151 to 613, or applicable rules and orders of the federal communications commission, including those relating to unauthorized changes of presubscribed providers, also known as “slamming.”

(d) Failure to file reports or responses to requests for information, as may be required by the commission.

(e) Failure to comply with any other order or rule of the commission that is applicable to the reseller.

(2)

(a) If the commission has determined that grounds for revocation exist, the commission may commence a revocation proceeding by mailing to the affected reseller, at its last known address on file with the commission, a written notice of the reasons for the proposed revocation of certification under this section.

(b) Within 30 days of the mailing date of the notice under par. (a), a reseller may file a written response that may contain one or more of the following:

A showing that one or more of the commission’s reasons for revocation have been resolved or cured.
A showing that one or more of the commission’s reasons may be resolved in a remedial compliance plan for which the reseller requests commission acceptance and deferral of certificate revocation.
An objection to the commission’s reasons for revocation and a request for hearing.

(c) Depending upon the information received in the reseller’s response, the commission may determine that the grounds for revocation have been remedied, proceed to revoke the reseller’s certificate, or take other action as may be appropriate in the circumstances. Failure of a reseller to respond under this subsection shall result in revocation of certification without hearing.

(3) If the commission revokes the certificate of an alternative telecommunications utility reseller, the commission may direct in the revocation order that telecommunications utilities providing service to the reseller terminate all connections used to furnish service to the reseller. The commission may also allocate to other providers of similar services those customers of the affected reseller who fail to select a replacement provider or providers, as appropriate.

(4) With respect to a revocation proceeding under this section, the commission, upon its own motion or petition by any interested person, may at any time enter an emergency or other order that, under the circumstances, it deems necessary to protect the reseller’s customers or the public interest.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 10-143: am. (2) Register August 2011 No. 668, eff. 9-1-11; CR 13-025: am. (1) (a) Register January 2014 No. 697, eff. 2-1-14; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2014 No. 697.

Wis. Admin. Code § PSC 168.14 Voluntary surrender of certification {#sec-psc-168.14 omnilex-key=us-wi-regs-official--agency-psc--PSC 168.14}

(1) A reseller may file at any time a notice of voluntary surrender of certification to be effective 20 days after the filing. A notice will be deemed effective unless the commission acts to stay the surrender notice’s effective date within 20 days of filing. Once a notice of voluntary surrender is effective, the reseller must cease providing resold intrastate telecommunications services within Wisconsin. Unless other provisions are made by commission order, voluntary surrender of certification does not terminate a reseller’s obligation to comply with any outstanding commission order, requests for information, and required reports, or to comply with any other requirements accruing because of its certificated operations in Wisconsin prior to the effective date of surrender of certification.

(2) A reseller that has surrendered its certification obtained under this chapter may petition again for certification at any time. The petition will be processed as a petition for initial certification and will be subject to the same fee as an initial petition.

(3) With respect to the voluntary surrender of certification under this section, the commission, upon its own motion or petition by any interested person, may at any time enter any emergency or other order that, under the circumstances, it deems necessary for the protection of the reseller’s customers or the public interest.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Chapter PSC 172 POLICE AND FIRE PROTECTION FEE ON COMMUNICATIONS CONNECTIONS

Wis. Admin. Code § PSC 172.01 General {#sec-psc-172.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.01}

(1) Purpose. The purpose of this chapter is to implement the police and fire protection fee required under s. 196.025 (6), Stats.

(2) Exception. Nothing in this chapter shall preclude the commission from giving special and individual consideration to exceptional or unusual circumstances and, upon investigation of the facts and circumstances involved, adopting requirements that may be other or different than those provided in this chapter.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.02 Definitions {#sec-psc-172.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.02}

In this chapter:

(1) “Basic local voice service” means the provision to residential or business customers of an access facility, whether by wire, cable, fiber optics or radio, and essential usage within a local calling area for the transmission of high-quality 2-way interactive switched voice communication.

(2) “Commercial mobile radio service” has the meaning given in 47 USC 332 (d).

(3) “Commission” means the public service commission.

(4) “Communications provider” means a person that provides communications service.

(5) “Communications service” means any of the following:

(a) Retail basic local voice service.

(b) Retail wireless voice service.

(6) “Communications service connection” means a link with a communications network that provides a person the ability to access that network for voice communications.

(7) “Customer” means a person that purchases a communications service connection. “Customer” includes pay telephone providers, but excludes communications providers that resell communications service.

(8) “Department” means the department of revenue.

(9) “Fee” means the police and fire protection fee imposed under s. 196.025 (6), Stats.

(10) “Official company lines” means communications service connections that are reserved for a communications provider’s internal administrative use.

(11) “Prepaid wireless retail transaction” means the sale of a prepaid wireless communications plan, but not for resale. A prepaid wireless retail transaction includes any of the following:

(a) The sale of a handset with airtime for a specified dollar amount, or for a specified period of time, such as a finite number of minutes of use or days of service.

(b) The sale of additional airtime, including an additional finite dollar amount of service, additional minutes of use or additional days of service, whether the additional airtime was sold at a retail location, over the internet, by mail, or by telephone call.

(12) “Prepaid wireless communications plan” means a plan for wireless voice service that provides a person the right to utilize wireless voice service, is paid for prior to use, and is sold in predetermined dollar amounts whereby a number of units declines with use of a known amount.

(13) “Place of primary use” has the meaning given in 4 USC 124 (8), except that if a communications provider or retailer does not have the information under that provision, then it means the place to which the sale is sourced under s. PSC 172.05 (2) (b).

(14) “Resale” or “resell” means a communications provider obtaining the use of a communications service connection from a different communications provider and using that connection to provide communications service to an end-user customer.

(15) “Retailer” means a person that sells a prepaid wireless communications plan on behalf of a communications provider.

(16) “Subscriber” means a person that enters into a subscription communications plan with a communications provider.

(17) “Subscription communications plan” means a contract or other service agreement in which a subscriber pays a periodic rate for a communications service, including both recurring and nonrecurring charges, either paid in advance for service to be provided in a subsequent time period or paid in arrears for the service previously provided.

(18) “Voice over internet protocol service” means a service that is provided to customers with either a billing address or a place of primary use within the state, that does all of the following:

(a) Enables real-time, two-way voice communications.

(b) Employs a broadband connection from the user’s location.

(d) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(19) “Wireless voice service” means commercial mobile radio service, including the resale of commercial mobile radio service but excluding mobile satellite service, that meets all of the following:

(a) The sale is sourced to Wisconsin, as determined under s. PSC 172.05 (2) (b).

(b) Offers real-time, two-way switched voice service that is interconnected with the public switched network.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register June 2010 No. 654.

Wis. Admin. Code § PSC 172.03 Police and fire protection fee {#sec-psc-172.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.03}

(1) Fee. Except as provided in sub. (2), the fee shall be imposed on all communications service connections with an assigned telephone number, including a communications service provided using a voice over internet protocol connection.

(2) Exemptions. The fee may not be imposed on the following communications service connections:

(a) Those purchased by offices and agencies of the federal government or a sovereign tribe.

(b) Those used as official company lines.

(c) Those sold to a communications provider that resells communications service connections and bills end-users for the communications services provided, except that the fee shall be applied by the communications provider that resells communications service connections when the connection is resold to an end-user.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.04 Registration {#sec-psc-172.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.04}

Every communications provider and retailer required to impose the fee shall register with the department, in the manner prescribed by the department, to report and remit the fees.

Note: Instructions on how to register may be found on the department’s website at http://www.revenue.wi.gov/faqs/ise/pfprofeea.html.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.05 Assessment of fee {#sec-psc-172.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.05}

(1) Subscription communications plan.

(a) Application of fee. A communications provider shall apply a fee of $0.75 per month on each communications service connection established under a subscription telecommunications plan. The communications provider shall remit the fee to the department using the procedure specified in s. PSC 172.06.

(b) Partial month of service. If a communications provider charges a subscriber for less than a full month of subscription communications plan service, the communications provider shall assess the fee in the same way that it assesses the countywide 911 charges under s. 256.35 (3), Stats. A provider that does not assess the 911 fees may assess a full fee if its billing system does not permit the fee to be prorated.

If a communications provider furnishes multiple communications service connections to a single subscriber account, the communications provider shall impose a fee according to the following schedule:

a. For subscribers with 10 or fewer communications service connections, $0.75 per connection, per month.

b. For subscribers with more than 10 communications service connections, $7.50 for the first 10 connections plus $0.075 per service connection in excess of 10, per month.

a. If a subscriber receives service from more than one communications provider, the communications providers serving the subscriber may not add together the communication service connections to determine the fee imposed on the subscriber. Each communications provider shall determine the fee to be imposed on a subscriber based upon the communication service connections the provider itself provides.

b. A communications provider may not add together the communications service connections from multiple accounts to determine the fee imposed. Only service connections within an account may be added together.

c. Notwithstanding subd. 2. b., a communications provider’s billing practices may not have the effect of making it unlikely or impossible for a subscriber with multiple communications service connections billed under a single account to qualify for the reduced fee under subd. 1. b.

(d) Partial payments. If a subscriber remits to the communications provider an amount less than the full amount billed to the subscriber in a given month, the communications provider shall first apply the partial payment to any amount the subscriber owes to the communications provider for the communications service provided.

(e) Billing identification and information.

On its bill, a communications provider shall identify the fee in one of the following ways:

a. List the fee separately from other charges on a subscriber’s bill and identify the fee as “police and fire protection fee.”

b. Combine the fee with a charge imposed under s. 256.35 (3), Stats., and identify the combined fee and charge as “charge for funding countywide 911 systems plus police and fire protection fee.”

c. Combine the fee with basic rates and either do not identify the fee separately, or state that the basic rate includes the “police and fire protection fee.”

On the first bill on which the fee appears, a communications provider offering a subscription communications plan shall inform its subscribers by bill message of all of the following:

a. The addition of the fee to the monthly bill.

b. The purpose the fee is intended to serve.

(2) Prepaid wireless communication plan.

(a) Application of fee. Any retailer or communications provider that sells a Wisconsin communications service connection established under a prepaid wireless communications plan shall impose a $0.38 fee on each prepaid wireless retail transaction. The fee does not apply to the sale of related wireless handset equipment and accessories.

(b) Determining Wisconsin connection. A communications provider or retailer shall determine if a communications service connection that it sells is a Wisconsin communications service connection as follows:

If a customer receives the purchased item at a seller’s business location, the sale is sourced to that business location.
If a customer does not receive the purchased item at a seller’s business location, the sale is sourced to the location where the customer, or the customer’s designated recipient, receives the product, including the location indicated by the instructions known to the seller for delivery to the customer or the customer’s designated recipient.
If the location of a sale of a purchased item cannot be determined under subd. 1. or 2., the sale is sourced to the customer’s address as indicated by the seller’s business records, if the records are maintained in the ordinary course of the seller’s business and if the seller’s use of that address to establish the location of a sale is not in bad faith.
If the location of a sale of a purchased item cannot be determined under subds. 1. to 3., the sale is sourced to the customer’s address as obtained during the consummation of the sale, including the address indicated on the customer’s payment instrument, if no other address is available and if the seller’s use of that address is not in bad faith.
If a customer buys a prepaid wireless communications plan and the location of the sale cannot be determined under subds. 1. to 4., the sale is sourced to the location associated with the telephone number associated with the plan, as determined by the seller.

If a prepaid wireless retail transaction is completed by a retailer, that retailer shall impose the fee and remit it using the procedure specified in s. PSC 172.06.
If a prepaid wireless retail transaction is completed by a communications provider, that provider shall impose the fee and remit it using the procedure specified in s. PSC 172.06.

(d) Invoice or sales receipt identification. A communications provider or retailer may state the amount of the fee separately on a bill, invoice, sales receipt, or other document associated with the prepaid wireless retail transaction. If a retailer or communications provider lists the fee separately, it shall identify the fee as “police and fire protection fee.”

(e) When a communications provider or retailer does not state the amount of the fee separately on a bill, invoice, sales receipt or other document associated with the prepaid wireless retail transaction, the communications provider or retailer shall ensure that the customer is aware that the fee is included in the total sales price of the prepaid wireless retail transaction and that the sales price is the amount received exclusive of the fee.

Note: For example, a 50 minute card for a prepaid wireless account is sold in a vending machine for $20.00. A sign is conspicuously posted on the vending machine that the “Price Includes the Police and Fire Protection Fee.” The sales price of the card is $19.62, the amount paid by the customer less the fee ($20.00 - $0.38 = $19.62).

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.06 Filing returns {#sec-psc-172.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.06}

(1) Filing. Every person registered or required to be registered for the fee shall electronically file a return.

(2) Accrual basis. A filer under sub. (1) shall collect, report and remit the fee on an accrual, or as-imposed, basis.

(3) Due date. A filer under sub. (1) shall submit the return and remit fees to the department by the last day of the month following the month in which the fees are imposed.

(4) Extensions. The department may, for good cause, extend the time for making any return or remitting any amount under this chapter. The extension may not exceed one month from the due date of the return and may be granted at any time provided a request is filed with the department within or prior to the period for which the extension is requested.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.07 Uncollectible amounts, misidentified accounts, and returns {#sec-psc-172.07 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.07}

(1) Uncollectible amounts.

(a) A filer under s. PSC 172.06 (1) may claim a deduction for an unpaid fee if all of the following are met:

The communications provider or retailer previously reported and remitted the fee to the department.
The communications provider or retailer writes off the fee as uncollectible in its books and records.
The unpaid fee is eligible to be deducted as a bad debt for federal income tax purposes, regardless of whether the filer is required to file a federal income tax return.

(b) A deduction shall be claimed in the period in which the filer writes off the unpaid fee as uncollectible in its books and records and in which the amount is eligible to be deducted as a bad debt for federal income tax purposes.

(c) If the filer subsequently collects, in whole or in part, any bad debt for which a deduction under par. (a) is claimed, the filer shall include the amount collected in the return filed for the period in which the amount is collected and shall remit the fee with that return.

(2) Customer returns. A filer under s. PSC 172.06 (1) may claim a deduction for a fee that is included in a previously filed return but refunded to the purchaser in cash or in credit. The filer shall claim the deduction on the return for the period in which the refund of the fee is paid.

(3) Misidentified account.

(a) A filer under s. PSC 172.06 (1) may claim a deduction for a fee that meets all of the following:

Was collected from a federal or tribal government account because the filer did not identify it as such after a good faith effort.
Was included in a previously filed return but refunded to the purchaser.

(b) The filer shall claim the deduction on the return for the period in which the refund of the fee is paid.

(c) The filer shall keep a record of why the account was misidentified, how it became aware of the account’s proper identification, and any actions taken as a result.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.08 Resale {#sec-psc-172.08 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.08}

(1)

(a) A communications provider that resells communications service connections shall file a properly completed form PFP-211, Wisconsin Police and Fire Protection Fee Resale Certificate, with the communications provider from which it purchases communications service connections to resell. The communications provider that resells communications service connections shall certify that the service connections it has purchased are being, or will be, resold. The certificate shall indicate whether the certificate is for a single purchase or for continuous purchases.

Note: Form PFP-211 may be obtained from the department’s website at http://www.revenue.wi.gov/forms/misc/pfp-211.pdf.

(b) Within 30 days of July 1, 2010, a communications provider that resells communications service connections shall file a form under par. (a) for services it is purchasing at that time. If that form is not for continuous purchases, the provider shall file a form under par. (a) within 10 days of purchasing additional services for resale. If a new purchasing relationship is established after July 1, 2010, the communications provider that resells communications service connections shall file a form under par. (a) within 10 days of purchasing communications service connections for resale.

(2) When filing a return under s. PSC 172.06 (1), a communications provider selling communications service connections for resale to a communications provider that resells communications service connections shall not include communications service connections or prepaid wireless retail transactions involving services for which they have received a certificate under sub. (1) (a).

(3) A communications provider that resells communications service connections shall apply, collect, and remit the fee for all communications service connections that it resells to an end-user customer.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10; correction in (2) made under s. 13.92 (4) (b) 7. Stats., Register June 2010 No. 654.

Wis. Admin. Code § PSC 172.09 Sales and use tax exemption {#sec-psc-172.09 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.09}

The fee is not subject to Wisconsin sales or use taxes.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.10 Audit {#sec-psc-172.10 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.10}

(1) The commission may audit to determine compliance with this chapter.

(2) The department may determine compliance with this chapter by office or field audit, using the procedures in s. 77.59 (1) to (5), (8), (8m), Stats., and s. 77.59 (5m), Stats., except any penalty or interest provision.

(3) The filer under s. PSC 172.06 (1) shall maintain records to substantiate the number of communications service connections subject to the fee and the number of prepaid wireless retail transactions subject to the fee, as well as records to substantiate sales for resale and uncollectible accounts.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.11 Appeals {#sec-psc-172.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.11}

(1) A communications provider or retailer that disagrees with a notice from the department about an amount due, a refund due, or a refund claim denial relating to the fee may file an appeal with the department.

(2) A communications provider’s or retailer’s appeal shall be in writing and signed. The appeal shall state the facts and reasons for disagreeing with the adjustments and include supporting documents.

(3) A communications provider or retailer shall mail or fax the appeal within 60 days after receiving a notice of amount due, notice of refund, or notice of refund claim denial from the department. The appeal shall be submitted to the address or fax number provided in the notice. An appeal that is mailed is considered timely if it is postmarked on or before the due date specified and is received by the department within five days of the due date.

(4) The procedures in s. 77.59 (6) (a), Stats., shall apply to an appeal under subs. (1) to (3).

(5)

(a) Within 30 days after a redetermination under sub. (4) is mailed, a communications provider or retailer may file an objection with the commission. The objection shall set out in detail the grounds upon which the objector regards the bill to be excessive or erroneous.

(b) The commission, after at least 10 days notice to the objector, shall hold a hearing on the objection. After the hearing, the commission shall mail a decision by registered mail that includes the amount, if any, to be paid.

(c) If the amount to be paid under the order in par. (b) is not paid within 10 days after the determination has been sent by registered mail, the commission may proceed under s. PSC 172.12.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PSC 172.12 Collection action authorized {#sec-psc-172.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 172.12}

The commission may bring an action to collect any amount that is required to be remitted under this chapter.

History

EmR0919: emerg. cr. eff. 9-11-09; CR 09-086: cr. Register June 2010 No. 654, eff. 7-1-10.

Chapter PSC 173 911 EMERGENCY TELECOMMUNICATIONS SERVICE

Subchapter I General Provisions

Wis. Admin. Code § PSC 173.01 Purpose {#sec-psc-173.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 173.01}

The purpose of this chapter is to implement those provisions of s. 256.35, Stats., that authorize the commission to review the contracts between counties and telecommunications providers for the provision of 911 emergency telecommunications service and that establish a wireless 911 fund to promote installation and use of enhanced wireless 911 emergency telecommunications service.

History

CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.

Wis. Admin. Code § PSC 173.02 Definitions {#sec-psc-173.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 173.02}

In this chapter:

(1) “Active prepaid wireless telephone” means a prepaid wireless telephone that has been used or activated by the customer during the month to complete a telephone call for which the customer’s card or account was decremented.

(2) “Commercial mobile radio service provider” has the meaning given in s. 196.01 (2g), Stats.

(3) “Commission” means the public service commission.

(5) “Federal wireless orders” means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.

(8) “Phase I wireless 911 service” means the wireless telecommunications service described in 47 CFR 20.18 (d).

(9) “Phase II wireless 911 service” means the wireless telecommunications service described in 47 CFR 20.18 (e) - (i).

(10) “Prepaid wireless telephone service” means wireless telephone service which is activated by payment in advance of a finite dollar amount or for a finite set of minutes and which, unless an additional finite dollar amount or finite set of minutes is paid in advance, terminates either upon use by a customer of an agreed-upon amount of service corresponding to the total dollar amount paid in advance, or within a certain period of time following initial purchase or activation.

(12) “Surcharge period” means the 3-year period beginning on December 1, 2005, and ending on November 30, 2008.

History

CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05; corrections in (4), (7), (11), (13), (14), (15) made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662; CR 19-071: r. (4), (6), (7), (11), (13) to (15) Register October 2021 No. 790, eff. 11-1-21.

Subchapter II Wireline 911 Emergency Telecommunications Service Contracts

Wis. Admin. Code § PSC 173.03 Submission of telecommunications emergency services contracts {#sec-psc-173.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 173.03}

(1) A telecommunications provider that enters into a contract with a county for the provision of wireline 911 emergency telecommunications service shall within 20 days submit the contract for commission review.

(2) In addition to the contract, the utility shall submit all of the following information:

(a) A copy of the county ordinance adopting the plan for a wireline 911 emergency telecommunications system.

(b) A list identifying all participating local exchange carriers and a statement that each has tariffs or concurring tariffs on file with the commission providing for individual 911 contracts.

(c) A list identifying the localities and the number of all service users residing outside the contracting county, specifying the municipality in which they reside.

(d) A list identifying those municipalities outside the contracting county with residents who will be billed for the service.

(e) A statement that all telecommunications service users in the county have access to a wireline 911 system. If such a statement cannot be made with regard to a segment of the county’s service users, the telecommunications utility shall provide information indicating that the local exchange carrier serving those service users is not capable of providing the wireline 911 system on a reasonable economic basis on the effective date of the contract.

(f) A list of exchanges in the county with customers served by a wireline 911 system outside the county, which identifies the provider of the wireline 911 service.

(g) A description of access to the wireline 911 system by telecommunications devices for the communicatively impaired.

(h) Cost support for and complete itemization of the installation and monthly charges for automatic number identification, automatic location identification and all trunking service components for both the primary telecommunications utility under the contract and the participating local exchange carriers. Cost support may be in the form of tariff reference if the rates and charges for wireline 911 service are those in the utility’s tariffs.

(i) A statement of the total billable exchange access lines for purposes of the contract and the actual exchange access line count. This statement shall provide detail as to how the billable exchange access line count was determined, including any equivalency factor used for the line equivalents and the number of lines to which the factor applies.

(3) The commission shall withhold from public inspection any wireline 911 emergency telecommunications service contract, or any other information received under this subchapter, that would aid a competitor of one or more of the participating telecommunications providers.

History

CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05.

Wis. Admin. Code § PSC 173.04 Commission review {#sec-psc-173.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 173.04}

(1) Upon receipt of a contract for wireline 911 emergency telecommunications service, the commission shall issue a notice of investigation in accordance with s. PSC 2.09.

(2) Within 60 days of receipt of a contract for the provision of wireline 911 emergency telecommunications service, the commission may disapprove the contract if it finds any of the following:

(a) The contract is not compensatory.

(b) The contract is excessive.

(c) The contract does not comply with the utility’s tariff specifying the rates and charges or terms and conditions for the offering of wireline 911 emergency telecommunications service.

(3) The commission may act on the contract without hearing.

(4) Any person may request disapproval of the contract within 20 days of mailing of notice by the commission, specifying reasons for the disapproval in writing. The person may request a hearing by specifying factual issues that are in dispute.

(5) The contract shall be effective immediately on signing and remain effective unless and until disapproved by the commission.

History

CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05.

Wis. Admin. Code § PSC 173.05 Assessment {#sec-psc-173.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 173.05}

A telecommunications provider submitting a contract under s. PSC 173.03 shall pay the commission’s direct costs of contract approval, unless the utility has an agreement with participating telecommunications providers to share this cost.

History

CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05.

Chapter PSC 179 TELECOMMUNICATIONS DISPUTE RESOLUTION

Wis. Admin. Code § PSC 179.01 Purpose {#sec-psc-179.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 179.01}

Chapter PSC 179 implements s. 196.199 (2) (c), Stats., which requires the commission to specify by rule the requirements for determining in certain cases whether a party’s alleged failure to comply with an interconnection agreement has a significant adverse effect on the ability of another party to provide telecommunications service to its customers or potential customers.

History

Cr. Register, February, 2001, No. 542, eff. 3-1-01.

Wis. Admin. Code § PSC 179.02 Definitions {#sec-psc-179.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 179.02}

In this chapter:

(1) “Commission” means the public service commission.

(2) “Customer” means any person, firm, partnership, corporation, municipality, cooperative organization, telecommunications provider, governmental agency, or other entity which is provided with retail or wholesale telecommunications service, or both, by a party to an interconnection agreement. “Customer” does not include a party.

(3) “Essential telecommunications services” has the meaning given in s. PSC 160.03.

(4) “Interconnection agreement” means an agreement that is subject to approval by the commission under 47 USC 252(e), except that it does not include an agreement to which a commercial mobile radio service provider, as defined in s. 196.01 (2g), Stats., is a party.

(5) “Party” means a signatory to a particular interconnection agreement.

(6) “Telecommunications provider” has the meaning given in s. 196.01 (8p), Stats.

(7) “Telecommunications service” has the meaning given in s. 196.01 (9m), Stats.

History

Cr. Register, February, 2001, No. 542, eff. 3-1-01.

Wis. Admin. Code § PSC 179.03 Significant adverse effect {#sec-psc-179.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 179.03}

In determining if a party’s alleged failure to comply with an interconnection agreement has a significant adverse effect on the ability of another party to provide telecommunications service to its customers or potential customers under s. 196.199 (3) (a) 1m. a., Stats., and in determining whether a complaint does or does not allege such a significant adverse effect under ss. 196.199 (3) (a) and 196.26 (1) (c), Stats., the commission shall consider at least all of the following factors:

(1) The ability of a customer or potential customer to obtain or continue to receive uninterrupted telecommunications service, especially essential telecommunications services, from the telecommunications provider of that customer’s choice.

(2) Whether and to what degree any loss or damage to an allegedly aggrieved party or its customer or potential customer resulting from the alleged failure to comply with an interconnection agreement can be remedied without an expedited proceeding under s. 196.199, Stats.

(3) Whether and to what degree the alleged failure to comply with an interconnection agreement does any of the following:

(a) Frustrates or enhances the planning or execution of a party’s business plan, marketing effort, or service or product introduction, or any combination thereof.

(b) Causes or threatens to cause a delay in or barrier to a party’s market entry or a delay in the growth of its market share, or both.

(d) Damages or threatens to damage the ability of a party to effectively compete.

(e) Harms or threatens to harm the financial health of a party.

(f) Favors a party’s obtaining or retaining of customers, or both.

History

Cr. Register, February, 2001, No. 542, eff. 3-1-01; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Chapter PSC 183 JOINT LOCAL WATER AUTHORITIES

Wis. Admin. Code § PSC 183.01 Application of rules {#sec-psc-183.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 183.01}

The rules in ch. PSC 183 shall apply to joint local water authorities as defined by s. 66.0823 (2) (f), Stats. The rules do not apply to any public utility.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 183.02 Definitions {#sec-psc-183.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 183.02}

The following terms as used in this chapter mean:

(1) “Authority” means joint local water authority as defined by s. 66.0823 (2) (f), Stats.

(2) “Certificate” means a specific formal authorization granted by the commission pursuant to s. 66.0823 (8), Stats.

(3) “Project” has the meaning of s. 66.0823 (2) (g), Stats.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99; corrections made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 183.03 Requirements for joint local water authorities before proceeding to issue bonds for a project {#sec-psc-183.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 183.03}

Every authority shall submit the following information in an application for a certificate of public convenience and necessity that is required before the authority may issue bonds:

(1) A description of the project for which bonds are being issued, including a map showing proposed and existing facilities, and the location of floodplain areas.

(2) Information concerning applicable environmental factors for affected lands, such as land use zoning, forest lands, rivers, streams and wetlands.

(3) The purpose and necessity of the project, with supporting data including project start and end dates.

(4) The effect of the project on quality and reliability of service.

(5) A brief description and analysis of the alternatives to the project.

(6) The cost of the project by major plant categories or functions.

(7) The proposed method of financing the project including all terms and conditions.

(8) The estimated annual operating costs of the project, by major expense categories and functions.

(9) A description of and the original cost of any property being replaced, by major plant categories or functions.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99.

Wis. Admin. Code § PSC 183.04 Commission review of information submitted {#sec-psc-183.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 183.04}

(1) Upon receipt of an application for a certificate identified in s. PSC 183.02 (2), the commission shall review the application and:

(a) determine if the proposal in the application requires a hearing. After the hearing, or after the determination that no hearing is required,

(b) issue a certificate of public convenience and necessity pursuant to s. 66.0823 (8) (c), Stats., or

(2) The commission shall grant or deny the application within 90 days of the date the application is received, unless extended by the commission for good cause.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99; corrections in (1) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Chapter PSC 184 CONSTRUCTION OF AND PLACING INTO OPERATION OF WATER AND SEWER FACILITIES

Wis. Admin. Code § PSC 184.01 Scope {#sec-psc-184.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 184.01}

(1) Applicability. This chapter applies to a utility.

(2) Individual situations. Nothing in this chapter precludes the commission from giving individual consideration to exceptional or unusual situations or, upon investigation, from establishing requirements for a utility or service that are different from those provided in this chapter.

History

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

Wis. Admin. Code § PSC 184.02 Definitions {#sec-psc-184.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 184.02}

In this chapter:

(1) “Acquire” means the acquisition of plant in place and ready for operation, but does not include the purchase of materials or equipment for later installation.

(2) “Certificate” means a certificate issued by the commission under ss. 196.49 or 196.50, Stats.

(3) “Commission” means the public service commission.

(4) “Department” means the department of natural resources.

(5) “Municipality” means a city, village or town.

(6) “Plant” means all equipment, property, or facilities included in the utility plant accounts under the uniform system of accounts prescribed by the commission.

(7) “Project cost” means the total estimated costs of a proposed project including land acquisition, construction, pilot testing, test wells, inspection, and fees for professional services.

(8) “Service area” means the geographic area within which a utility has an obligation to provide service.

(9) “Utility” means a water public utility, as defined in s. 196.01 (5) (a), Stats., a combined water and sewer public utility under s. 66.0819, Stats., or any person, except a governmental unit, who furnishes service to or for the public by means of a sewerage system, as defined in s. 281.01 (14), Stats.

History

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

Wis. Admin. Code § PSC 184.03 Activities requiring commission authorization {#sec-psc-184.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 184.03}

(1) New utility. A person intending to operate as a utility may not begin construction of, install, or place in operation any facilities for furnishing water or sewer service in a municipality in which the person is not currently furnishing water or sewer service as a utility without the commission’s prior approval.

(2) Expansion, acquisition, and interconnection. A utility shall obtain a certificate from the commission before undertaking any of the following:

(a) Constructing facilities or initiating service in a municipality not currently served by the utility.

(b) Constructing facilities or initiating service in a service area of another utility.

(c) Acquiring or placing in operation existing facilities for furnishing water or sewer service obtained from another person or utility.

(d) Establishing an interconnection with another utility with which it has no existing interconnection.

(e) Combining or consolidating with another utility.

(3) Construction of facilities.

(a) A utility shall obtain a certificate from the commission before constructing, purchasing, installing, modifying, replacing, or placing in operation any plant not exempt under sub. (4) if the project cost exceeds the cost threshold specified in s. 196.49 (5g) (ar), Stats., as revised under par. (b).

Note: Examples of projects that typically require a certificate include all of the following:

Groundwater wells, surface water intakes, and other sources of water supply.
Water treatment, purification, and disinfection facilities.
Elevated tanks, reservoirs, and other storage facilities.
Pumping stations, pressure-reducing stations, and associated facilities.
Utility buildings.
Utility main if a portion of the main is located outside of the utility’s service area or if the main is eight inches or greater in nominal diameter and three or more miles long.
Sewer facilities, including any pumping facilities or sewage treatment and disposal plant.

(b) Beginning on May 1, 2014, and on May 1 of each successive even-numbered year thereafter, the commission shall adjust the cost thresholds in s. 196.49 (5g) (ar), Stats., to reflect changes to the cost of water utility construction based on the applicable industry cost index numbers published in the “Handy-Whitman Index of Public Utility Construction Costs.”

(c) The commission shall notify all water utilities of the resulting adjusted cost limits by May 15 of each even-numbered year and shall publicize the adjusted cost limits on the commission’s website. If the Handy-Whitman Index is no longer available, an equivalent successor index may be used which is generally recognized by the water industry and acceptable to the commission.

Note: The commission maintains or has access to the Handy-Whitman Index of Public Utility Construction Costs and this reference or a copy may be reviewed by contacting the commission’s offices.

(4) Certificate not required. Notwithstanding sub. (3), a utility does not need a certificate to do any of the following:

(a) Install, replace, or repair a utility main, unless one of the following applies:

A portion of the main is located outside of the utility’s service area.
The main is eight inches or greater in nominal diameter and three or more miles long.

(b) Install, replace, or repair service laterals, hydrants, or valves within the utility’s service area.

(d) Install, replace, or repair supervisory control and data acquisition (SCADA) systems, telemetry equipment, or other electronic monitoring and control systems.

(e) Replace or repair existing pumps, motors, or associated equipment.

(f) Conduct routine maintenance or repair to utility facilities, including buildings used for utility purposes.

(g) Replace or repair filtration media used in existing water treatment purification and disinfection facilities.

(h) Install plant in accordance with filed extension rules and rates.

(i) Install plant in compliance with a commission order.

(j) Relocate or modify existing plant to accommodate highway or airport construction.

(k) Acquire vehicles or other movable equipment.

History

CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12; CR 14-053: renum. (3) to (3) (a) and am., cr. (3) (b), (c) Register April 2015 No. 712, eff. 5-1-15; correction in (3) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733; 2021 Wis. Act 86: am. (4) (c) Register November 2021 No. 791, eff. 12-1-21.

Wis. Admin. Code § PSC 184.04 Applications for commission authorization {#sec-psc-184.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 184.04}

(1) Timing and cost increases.

(a) For any project requiring commission authorization under s. PSC 184.03, a person or utility shall submit the information required in this section at least 90 days, but no earlier than 2 years, before beginning the project.

(b) For any project receiving commission authorization under s. PSC 184.05 that is not begun within 2 years from the date of the authorization, a utility shall notify the commission of revised project costs, the schedule for completion, and any other changes to the proposed project. The commission may reconsider its authorization for a revised project under s. PSC 184.05.

(c) If the scope, design, or location of a project receiving commission authorization under s. PSC 184.05 changes significantly, or if it is discovered or identified that the project cost may exceed the estimated project cost by more than 10 percent, the utility shall promptly notify the commission as soon as the utility becomes aware of the possible change or cost increase. The commission may reconsider its authorization for a revised project under s. PSC 184.05.

(2) Consultation. For projects subject to s. 196.025 (2m), Stats., before submitting an application for a certificate, a utility shall consult with commission staff, in cooperation with staff from the department, on the scope of the proposed project, the alternatives that must be considered in the application, and additional information that the commission may require as part of the application.

(3) Contents of application. A person or utility seeking authorization for any activity under s. PSC 184.03 (1) and (2) or a utility seeking a certificate under s. PSC 184.03 (3) shall submit an application to the commission that includes all of the following, where applicable:

(a) A description of the project including all project components, phases, and a schedule of construction.

(b) Information supporting the purpose and necessity of the project.

(d) An analysis of the effect of the project on the quality and reliability of service.

(e) The project cost itemized by major plant accounts as identified in the uniform system of accounts, including all administrative, overhead, engineering, legal, construction, and inspection costs.

(f) Identification of the proposed project funding sources, including utility or municipal sources and outside grants or loans. If the project will be financed, the utility shall include expected financing rates and terms.

(g) An estimate of annual operating costs of the project, by major expense accounts as identified in the uniform system of accounts.

(h) A description of any plant being retired or replaced and the year it was placed in service, if known.

(i) A map showing the location of the project and all proposed facilities by Public Land Survey System (PLSS) quarter-quarter section or by another methodology approved by the commission.

(j) A list of any permits or approvals required by other state agencies or local governmental units and a statement indicating whether the permits or approvals have been applied for or obtained.

(k) For a project under s. PSC 184.03 (3), that includes new or expanded groundwater wells, surface water intakes, or other sources of water supply, information on any action the utility has taken to mitigate the need for the project.

(L) The identification of any flood-sensitive facilities that would be located in designated flood plains or flood-prone areas.

(m) For utility main construction projects, include all of the following:

The identification and description of each surface water potentially affected by construction.
The identification and description of each wetland potentially affected by construction.
An evaluation of whether any endangered or threatened species are present and what affect the project could have on those species. For each species identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the species.
An evaluation of whether any known archeological or historical resources are present. For each resource identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the resource.

(n) Information to allow the commission to prepare an environmental assessment for a project subject to s. PSC 4.10 (2), or for a project that require coordinated commission and department review under s. 30.025, Stats. After consultation with the applicant, the commission shall identify any additional information required on a case-by-case basis.

(p) Any other information relevant to the project requested by the commission.

(4) Grouping of projects. As an alternative to requesting a certificate for each project separately, a utility may submit on an annual basis a list of projects requiring approval under s. PSC 184.03 (3) that the utility intends to begin constructing within one year. For each project on this list, the utility shall include the information required by this section.

(5) Application submittal. A person or utility shall submit an application under this section using the commission’s Electronic Regulatory Filing (ERF) system.

History

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

Wis. Admin. Code § PSC 184.05 Commission procedures {#sec-psc-184.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 184.05}

(1) Application review.

(a) Upon receipt of a complete application under s. PSC 184.04, the commission shall issue a notice of investigation or notice of proceeding.

(b) The commission may approve or deny an application in whole or in part, and may modify or condition the authorization as the public convenience and necessity may require.

(2) Time for review. Unless the application requires the preparation of an environmental assessment under s. PSC 4.10 (2), if no action is taken by the commission within 90 days after the commission issues a notice of investigation under sub. (1) (a), the utility may proceed with the construction work. If the commission requests additional information to process an application after issuing a notice of investigation, the 90-day waiting period before construction work may commence begins the date the additional information is received by the commission.

(3) Hearing. The commission is not required to hold a hearing on a utility application for a certificate unless any of the following apply:

(a) A statute or rule otherwise requires a hearing.

(b) The commission treats the application as a contested case, as defined in s. 227.01 (3), Stats.

(d) The commission determines a hearing is appropriate.

History

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

Wis. Admin. Code § PSC 184.06 Emergency work {#sec-psc-184.06 omnilex-key=us-wi-regs-official--agency-psc--PSC 184.06}

In case of an emergency resulting from the failure of power supply or from fire, storm, or similar events, a utility may begin necessary repair work without receiving prior commission authorization. In case of an emergency resulting from the contamination of water supply, a utility may begin necessary repair, temporary treatment, or other emergency work to address the issue without receiving prior commission authorization. The utility shall promptly notify the commission of the emergency work and shall, within 30 days after commencing the work, furnish the commission with the information required under s. PSC 184.04 (3).

History

CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12; 2025 Wis. Act 201: am. Register April 2026 No. 844, eff. 5-1-26.

Chapter PSC 185 STANDARDS FOR WATER PUBLIC UTILITY SERVICE

Subchapter I General

Wis. Admin. Code § PSC 185.11 Authorization for and application of rules {#sec-psc-185.11 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.11}

(1) Chapter PSC 185 is part of the Wisconsin administrative code and constitutes a general order of the public service commission, the issuance of which is authorized by ss. 227.11 (2), 196.02, 196.06, 196.12, 196.15, 196.16, 196.19, and 196.37, Stats.

(2) Chapter PSC 185 is designed to effectuate and implement ss. 196.02, 196.03, 196.06, 196.12, 196.15, 196.16, and 196.17, Stats.

(3) The requirements of ch. PSC 185 shall be observed by all water public utilities, both privately and publicly owned, engaged in the pumping, purchasing, transmission, or distribution of water except that an exemption may be given by the public service commission.

(4) Nothing in this chapter shall preclude special and individual consideration being given to exceptional or unusual situations and, upon due investigation of the facts and circumstances involved, the adoption of requirements as to individual utilities or services which shall be lesser, greater, other, or different than those provided in this chapter.

(5) The manner of enforcing this chapter is prescribed in s. 196.66, Stats., and such other means as provided in statutory sections administered by the public service commission.

(6) In case of emergency, where public interest requires immediate action without waiting for compliance with the specific terms of this chapter, immediate corrective action shall be taken by the utility, which action, however, shall be subject to review by the public service commission.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.12 Definitions {#sec-psc-185.12 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.12}

The following terms as used in this chapter mean:

(1) “Ability to pay” means a customer’s financial capacity to meet the customer’s utility service obligation;

(2) “Actual meter read” means a reading obtained by the utility or other party upon physical inspection of the meter or remote outside meter (ROM);

(3) “Automatic meter reading” (AMR) system means a system which provides digitally encoded information from an encoded meter register. The encoded information is transferred to the utility by means of remote receptacles, telephone lines, cable TV lines, power lines, or radio transmission;

(3e) “Class AB utility” means a public utility that has more than 4,000 service connections.

(3m) “Class C utility” means a public utility that has not fewer than 1,000 nor more than 4,000 service connections.

(3s) “Class D utility” means a public utility that has less than 1,000 service connections.

(3u) “Commercial customer” means a business, not-for-profit organization, or other institution that provides goods or services and that takes service for non-residential purposes.

Note: Churches, private schools, private colleges and universities, co-ops, and associations are non-governmental entities and are considered commercial customers.

(4) “Commission” means public service commission of Wisconsin;

(5) “Complaint” means a statement or question by any person, whether a utility customer or not, concerning a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action committed or created by a utility, or failure of a utility to meet a utility obligation;

(6) “Customer” means any person, owner, occupant, firm, partnership, corporation, municipality, cooperative organization, governmental agency, political entity, etc., provided with water service by any water public utility and is the party billed for payment of bills issued for use of utility service at a given premises. This definition is intended to create billing and payment responsibilities, but does not limit the need to afford occupants other protection under this chapter (e.g., evictions, emergency);

(7) “Customer-requested termination” is cessation of service at the request of the customer;

(8) “Deferred payment agreement” means an arrangement between a utility and a customer for payment of a delinquent amount or deposit in installments;

(9) “Denied or refused service” means service that a utility has refused to provide to a present or future customer, occupant, or premises;

(10) “Disconnection” means an event or action taken by the utility to terminate or discontinue the provision of service, but does not include a customer-requested termination of service;

(10e) “Industrial customer” means a customer who is engaged in the manufacture or production of goods.

(10m) “Irrigation” means the use of water to sustain crops, lawns, or landscapes, including water used on athletic fields, parks, and golf courses.

(10s) “Irrigation customer” means a customer who has water service provided primarily for irrigation and other outdoor uses.

(11) “Meter” means an instrument installed to measure the volume and/or rate of flow of water delivered through it;

(11m) “Multi-family residential customer” means a customer taking service for a building that is intended primarily for residential purposes, has three or more dwelling units, and is served by a single water meter.

Note: For accounting purposes, sales to multi-family residential customers are recorded as commercial sales under to the Commission’s Uniform System of Accounts for Municipal Water Utilities (January 2008).

(12) “New residential customer,” for purpose of deposit, means a customer who has not received utility service in his or her name during the previous 6 months from the utility from which service is requested;

(12m) “Non-residential customer” means any commercial, industrial, or public authority customer.

(13) “Occupant” means the resident or residents of a premises to which utility service is provided;

(14) “Percent registration” means the ratio of the meter registration divided by the actual volume or rate of flow, stated in percent. Stated more simply for domestic (volumetric) meters, this is the percent of the water delivered through a meter which the meter actually registers;

(15) “Private hydrant” means any hydrant whose lead is connected to a private water main, private lateral, or public main where the hydrant lead is owned by the customer;

(16) “Prompt payment” means payment prior to the time when a utility could issue a notice of disconnection for nonpayment of an amount not in dispute;

(17) “Protective service emergency” means a threat to the health or safety of a resident because of the infirmities of aging, other developmental or intellectual disabilities, or like infirmities incurred at any age, or the frailties associated with being very young;

(17m) “Public authority customer” means a customer that is a department, agency, or entity of the local, state, or federal government, including a public school, college, or university.

(18) “Public hydrant” means any hydrant and lead owned by the utility and connected to a utility-owned main, whether that main is in the public right-of-way or owned by the utility on an easement through private property;

Note: The hydrant and related fixtures would be recorded on the books of the utility.

(19) “Public utility” means an entity or individual included in s. 196.01 (5), Stats., which provides water for the public and an entity authorized by s. 66.0819, Stats., which provides water and sewer service for the public;

(20) “Remote outside meter” (ROM) means an analog device attached to a building structure which displays the reading of the base meter through electronic pulses sent from the base meter. Remote outside meters are considered part of the utility’s metering configuration.

(20g) “Residential customer” means a customer taking service for residential or domestic purposes but does not include a multi-family residential customer.

(20r) “Station meter” means a meter used to measure the volume or flow of water within a utility’s distribution system and not used to measure customer use. Station meter includes any meter used to measure water pumped from groundwater wells, surface water intakes, storage facilities, treatment facilities, or booster pumps.

(21) “Voucher agreement” means a payment agreement guaranteed by a third party who has access to or control over the benefits and finances of a public assistance recipient.

(22) “Water conservation” means practices, techniques, and technologies that reduce the demand for water, reduce water loss or waste, or improve water use efficiency.

Note: Examples of some public assistance are:

(a) Aid to families with dependent children (AFDC) restrictive payment arrangements;

(b) Social security representative payee;

(c) General relief voucher payment systems;

(d) Legal guardian.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; correction in (19) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 11-039: cr. (3e), (3m), (3s), (4m), (10e), (10m), (10s), (11m), (12m), (17m), (20g), (20r), (22) Register July 2012 No. 679, eff. 8-1-12; (4m) renum. to (3s) under s. 13.92 (4) (b) 1., Stats., Register July 2012 No. 679; 2019 Wis. Act 1: am. (17) Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PSC 185.13 General requirement {#sec-psc-185.13 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.13}

Every utility shall furnish reasonably adequate service and facilities at the rates filed with the commission and subject to this chapter and the rules of the utility that are on file with the commission.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.15 Free or discriminatory service prohibited {#sec-psc-185.15 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.15}

No utility shall provide water service free or at a rate different than provided for in its rates. (See ss. 196.22 and 196.60, Stats.) This section applies to, but is not limited to, water service for all nonutility municipal purposes such as street and sewer flushing, and service to nonutility public buildings.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.16 Protection of water utility facilities {#sec-psc-185.16 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.16}

(1) A water public utility upon receipt of written notice as required by s. 66.0831, Stats., from the property owner or from a contractor of work which may affect its facilities used for serving the public:

(a) Shall investigate and decide what action, if any, may reasonably be taken to protect or alter utility facilities in order to protect service to the public and to avoid unnecessary damage, such as identifying in a suitable manner the location of any underground utility facilities which may be affected by the work.

(b) Shall take such action as is reasonably and legally necessary to protect, remove, alter, or reconstruct its facilities, and shall perform this work with reasonable dispatch taking into account the conditions to be met, provided that nothing in this section shall be deemed to affect any right which the utility may have to require advance payment or adequate assurance of payment of the reasonable cost to the utility by the property owner or contractor.

(c) May, in order to protect its interests, require that the owner or contractor perform certain work upon or removal of that part of the service piping from the property upon which the excavating, building, or wrecking operations are being performed.

(2) This section is not intended to affect the responsibility of the contractor or owner, or the liability or legal rights of any party.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550.

Wis. Admin. Code § PSC 185.17 Interference with public service structures {#sec-psc-185.17 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.17}

(1) No utility having any work upon, over, along, or under any public street or highway or upon, over, along, or under any private property shall interfere with, destroy, or disturb the structures of any other public service corporation or railroad encountered in the performance of such work so as to interrupt, impair, or affect the public service for which such structures may be used, without first reaching an agreement concerning the location and the nature of the proposed work.

(2) A utility shall exercise care when working in close proximity to existing facilities. When the facilities are underground and are to be exposed or possibly may be exposed, hand digging shall be employed. In these cases, such support as may be reasonably necessary for protection of the facilities shall be provided in and near the construction area. When backfilling an excavation, such procedures and materials shall be employed to provide reliable support for existing underground facilities in and near the construction area.

(3) A utility shall, in the absence of working arrangements, give at least a 3-day written notice (not counting Saturdays, Sundays, and legal holidays) to all utilities or railroads and to those who may have facilities in and near the construction area which may be affected by the proposed work. The utility proposing to work shall obtain from the affected party the location of the existing facilities determined to be affected or to be in and near the construction area. Contacting a one-call system, such as the diggers’ hot line system established under s. 182.0175 (1m), Stats., shall constitute compliance with this subsection.

(4) A utility upon receiving a notice of proposed construction shall furnish in 3 days detailed information relative to location and type of facilities that are present in the proposed construction area. Where practical in those cases where the facilities are underground, they shall be marked physically in the field relative to location.

(5) Nothing in this section shall prevent a utility from proceeding as quickly as possible with any emergency construction work which might interfere with existing facilities. However, all reasonable precautions shall be taken to avoid or minimize damage or interference to the other facilities and notification shall be given as soon as possible to the utilities which have facilities in the construction area.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 185.18 Location of records {#sec-psc-185.18 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.18}

All records required or necessary for the administration of this chapter shall be kept within this state unless otherwise authorized by the commission. These records shall be available for examination by the commission or its authorized representative at all reasonable hours. (See s. 196.06 (6), Stats.)

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.19 Retention of records {#sec-psc-185.19 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.19}

(1) A utility shall preserve the following records in a readable format and keep them available for inspection by the commission for the period indicated. The list is not to be taken as comprehending all types of utility records.

(2) A utility may apply for a waiver from any portion of pars. (a) through (e) of this section. Such application shall include a list of the paragraphs to which the waiver would apply. Also, include the reasons the utility believes it cannot or shall not have to comply with pars. (a) through (e) and the impacts such a waiver would have on the utility’s ability to maintain usable continuing property records, if any.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 13-033: am. (1) Register July 2015 No. 715, eff. 8-1-15.

Subchapter II Rate Schedules and Rules

Wis. Admin. Code § PSC 185.21 Schedules to be filed with the commission {#sec-psc-185.21 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.21}

(1) Included in schedules. The schedules of rates and rules shall be filed with the commission by the utility and shall be classified, designated, arranged, and submitted so as to conform to the requirements of the current tariff or rate schedules and the special instructions which have been and may from time to time be issued by the commission. Provisions of the schedules shall be definite and so stated as to minimize ambiguity or the possibility of misinterpretation, and shall include, together with such other information as may be deemed pertinent, the following:

(a) All rates for service with indication for each rate of the class of customers to which it applies. There shall also be shown any limitations on the service furnished under such rate, the prices per unit of service, and the number of units per billing period to which the prices apply, the period of billing, the minimum bill, method of measuring demands (where applicable) and consumptions, and any special terms and conditions applicable. The charge for late payment, if any, and the period during which the bill may be paid without late payment charge shall be specified;

(b) At commission discretion a copy of each contract or the standard contract form with a summary of the provisions of each signed contract may be required if service to other utilities or municipalities for resale is furnished at a standard filed rate;

(c) Extension rules for extending service to new customers indicating what portion of the extension or cost shall be furnished by the utility, and if the rule is based on cost, the items of cost included;

(d) Designation of such portion of the service facilities as the utility furnishes, owns, and maintains;

(e) Rules with which prospective customers shall comply as a condition of receiving service and the terms of any contracts required;

(f) Rules governing the establishing of credit by customers for payment of service bills;

(g) Rules governing the procedures followed in disconnecting and reconnecting service;

(h) Notice required from customer for having service disconnected;

(i) Rules governing temporary, emergency, auxiliary, and standby service;

(j) Rules governing any limitations on the type of equipment which may or may not be connected;

(k) A list of the municipalities in which service is rendered and the rates under which service shall be provided.

(2) Rates for water service.

(a) A public utility shall adopt general service water rates that reflect the cost of service for each class of customer and include a volume charge based on actual customer consumption.

(b) A public utility may not adopt a rate under par. (a) if the commission finds that the rate is discriminatory or otherwise not in the public interest.

(d) A utility may adopt rates that treat multi-family residential customers as a separate customer class.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 11-039: renum. (intro.) to (1) (intro.), cr. (1) (title), (2) Register July 2012 No. 679, eff. 8-1-12.

Wis. Admin. Code § PSC 185.22 Information available to customers {#sec-psc-185.22 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.22}

(1) A utility shall have copies of its rates and rules applicable to the locality available in its office where payments are received and at area libraries. A utility shall give reasonable notice to customers as to where the information is available to them.

(2) Each water utility, for every municipality in which it serves, shall provide in the respective telephone directories a telephone listing by which the utility shall be notified during a 24-hour day of any utility service deficiency or emergency which may exist.

(3) Where a second language is common in a particular area served by the utility and so identified by the commission, all rules pertaining to billing and credit shall be available upon customer request for distribution in English and that second language in every business office of the utility in that area accessible to the public and where customer payments are received.

(4) Each utility shall have available and provide upon request written notice to its existing residential customers, and a written notice to all new residential customers, at a minimum, of the rules on deposits, payment options including deferred payment agreements and budget billing, disconnection, and dispute procedures. Such notice shall contain a reply procedure to allow customers an opportunity to advise the utility of any special circumstances, such as the presence of infants or elderly persons or the use of human life-sustaining equipment, and to advise the utility to contact a specific third-party agency or individual prior to any disconnection action being taken.

(5)

(a) A utility shall provide customer usage and billing history on request to current or prospective customers, tenants, or property owners. This information shall include either the average consumption for the prior 12-month period or figures reflecting the highest and lowest consumption amounts for the previous 12 months. Provision of this information is neither a breach of customer confidentiality nor a guarantee or contract by the utility as to future consumption levels for the premises in question.

(b) Upon a residential customer request, the public utility shall provide consumption information by billing periods for at least the last year and information and instructions needed by the customer to make consumption comparisons to similar residential customers in the same class and to evaluate water conservation efforts.

Note: The information in subs. (1) - (5) is contained in the commission’s residential customer bill of rights.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (1), Register October 2001 No. 550, eff. 11-1-01; CR 11-039: renum. (5) to (5) (a), (5) (b) renum. from 185.33 (2) Register July 2012 No. 679, eff. 8-1-12.

Subchapter III Service and Billing

Wis. Admin. Code § PSC 185.30 Application for residential and multifamily service {#sec-psc-185.30 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.30}

(2)

(a) If a utility requires an application, a residential or multifamily user of water service shall apply for service.

(c)

Except as provided in par. (d) and sub. (3), a utility may only require that an applicant provide the following information in an application:

a. Legal name and birthdate of the user of service and the person responsible for bill payment, if different than the user.

c. Address where service is to be provided.

d. Mailing address if different from service address.

e. Date requested for service to begin.

f. The most recent previous address of the person responsible for bill payment.

g. Initial identification data under subd. 2.

A utility shall accept any of the following items as adequate initial identification data, although it may accept other forms of identification:

a. Driver’s license number.

b. State identification card number.

c. Passport number.

d. Social security number or the last 4 digits of the social security number.

If a utility requests the initial identification data under subd. 2., it shall inform the applicant of all acceptable forms of initial identification data and allow the applicant to choose which the applicant wishes to provide.

Note: Also see s. PSC 185.36, which allows a request for a deposit if an applicant has an outstanding account balance that accrued within the last 6 years.

(e) A utility may request information other than that listed in pars. (c) and (d), but before requesting it the utility shall inform the applicant that providing that information is optional.

(f) A utility may refuse or disconnect service for failure to provide any information specified in par. (c) 1. a., c., e., and f. or par. (d).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under s. PSC 185.30 (2) (c) 1. g.

(3) Identity and residency verification.

(a) A utility may require verification of the initial identification data or the residency, or both, of the person responsible for bill payment under any of the following circumstances:

The application is for service at a premises where a bill remains unpaid for service provided within the previous 24 months.
The person responsible for bill payment has an outstanding bill with the utility but claims that the bill was accrued in the person’s name as a result of identity theft.
The applicant fails to provide the initial identification data under sub. (2) (c) 1. g. or the utility finds, with reasonable certainty, that the initial identification information is inaccurate.

(b) A utility shall establish a written policy for when it will require verification of identity or residency under par. (a).

(c) A utility shall accept any of the following items as adequate verification of identity, although it may accept other forms of verification:

Any one of the following items:

a. Valid driver’s license or other photo identification issued by a state, U.S., or tribal governmental entity.

b. Valid U.S. military or military dependent identification card.

c. Valid passport.

Any two of the following items:

a. Social security card.

b. Certified copy of a marriage certificate.

c. Certified copy of a judgment of divorce or legal separation.

d. Military discharge papers, including federal form DD-214.

e. Valid student identification card with the applicant’s photo.

f. Current employee photo identification card that includes information, such as the employer’s telephone number or address, which can be used for verification purposes.

(d)

A utility shall accept any one of the following items as adequate verification of an applicant’s residency, although it may accept other forms of verification:

a. Current utility bill.

b. Current financial institution statement.

c. Rental agreement.

d. Documents indicating home purchase.

e. Current paycheck or pay stub showing the applicant’s name and address, and the employer’s name.

f. Verification of address provided by a social service or government agency.

A utility may require an applicant to provide information that may be used for verification purposes, such as a telephone number or address, if the applicant submits one of the items in subd. 1. b., c., e., or f. to the utility.

(e) If a request for verification of identity or residency is based on par. (a) 2., the utility may require that the applicant provide the information in s. 196.23 (1), Stats.

(4) Processing applications and providing notice.

(a) Except under exceptional circumstances, a utility shall approve or deny an application for service no later than 10 calendar days after receipt of the information required under this section. An unexpectedly high volume of requests for service shall not constitute exceptional circumstances.

An explanation of why service is being refused.
The applicant’s right to ask commission staff to review the refusal.
The commission’s address, telephone number and web site.

History

CR 13-048: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 185.305 Application for nonresidential service {#sec-psc-185.305 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.305}

(2)

(a) If a utility requires an application, a user of water service shall apply for service in a form specified by the utility.

(b) A utility may require a verbal or written application for nonresidential service. The utility shall establish a written policy for when a written application is required. A utility may accept an application for service from a person other than the user or potential user of service

Legal name of the user of service and the person responsible for bill payment, if different than the user.
Telephone number of the user of service and the person responsible for bill payment, if different than the user.
Address where service is to be provided.
Mailing address if different from service address.
Date requested for service to begin.
The most recent previous address of the person responsible for bill payment.
Credit information under par. (e).
Initial identification data under par. (f).

(d) A utility may request information other than that listed in par. (c), but before requesting it the utility shall inform the applicant that providing that information is optional.

(e) A utility may request reasonable credit information from a nonresidential applicant as part of its application for service. A utility shall establish a written policy about when it will request credit information and what credit information it will request.

(f) A utility shall accept any of the following items as adequate initial identification data, although it may accept other forms of identification:

Federal employer identification number or proof that it has been applied for but not yet granted.
Wisconsin department of financial institutions identification number.
Wisconsin seller’s permit identification number.

(g) A utility may refuse or disconnect service for failure to provide any information specified in pars. (c) 1. to 7. or (f).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under par. (c) 8.

(3) Identity verification.

(a) A utility may require verification of the initial identification data of an applicant for nonresidential service under any of the following circumstances:

An applicant refuses to provide the information under sub. (2) (c), (e), or (f).
The utility finds, with reasonable certainty, that the information provided under sub. (2) (c), (e) or (f) is falsified.

(b) A utility shall establish a written policy for when it will require verification of identity under this subsection.

(c) A utility shall accept any of the following items as adequate verification of identity, although it may accept other forms of verification:

State or federal income tax returns.
Internal Revenue Service letter assigning federal employer identification number.
Wisconsin seller’s permit or department of revenue letter assigning a Wisconsin seller’s permit identification number.
Business articles of incorporation, partnership agreement, limited liability company articles of organization, or similar organizational documents.

(d) A utility may refuse or disconnect service if it does not obtain adequate verification of identity.

(4) Processing applications and providing notice.

An explanation of why service is being refused.
The applicant’s right to ask commission staff to review the refusal.
The commission’s address, telephone number and web site.

Note: For example, if a utility has told a customer that it would supply service if the customer makes a payment, enters a deferred payment agreement or provides additional identity information under sub. (3), the refusal is still conditional and has not been finalized.

(c) If a third party applies for service, a utility shall send written notification of the application to the potential user’s mailing address and the address for which service has been requested.

History

CR 13-048: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 185.31 Metered service {#sec-psc-185.31 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.31}

(1) Except where otherwise authorized by the commission, all water sold by a utility shall be on the basis of meter measurement except that the volume of water used for fire protection, street or sewer flushing, construction, or similar purposes where metering is not practicable may be estimated. (See s. PSC 185.15.)

(2) Wherever practicable, consumption of water within the utility itself, or by administrative units associated with it or with the municipality shall be metered.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.32 Meter readings and billing periods {#sec-psc-185.32 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.32}

Readings of all meters used for determining charges to customers shall be taken by the utility monthly, bimonthly, quarterly, or for such other period or in such other manner as may be authorized by law. An effort shall be made to read meters on corresponding days of each meter-reading period. The meter-reading date may be advanced or postponed not more than 10 days without adjustment of the billing period. Bills for service shall be rendered within 50 days from the reading of the meter except as may be otherwise specifically authorized by the commission. The utility may permit the customer to supply the meter readings. Meter readings supplied by the customer or third party, acceptable to the utility, shall be considered the actual reading. The utility is obligated, upon request, to obtain a final read from both the base and ROM meters when there is a change of customers. The utility shall make reasonable efforts to read the meters of customers who cannot be available during normal business hours and when there is a change of customer. The utility may make a final read through AMR technology if available.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.33 Billing {#sec-psc-185.33 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.33}

(1) For each bill provided by the utility, the customer’s receipt shall show for each meter the following information:

(a) The billing address, and service address, if different from the billing address;

(b) The customer’s account number;

(d) The present and last preceding meter reading dates;

(e) The number of units consumed;

(f) The rate schedule under which the bill is calculated including the itemized calculations of the rate schedule component including, but not limited to, such items as customer charge, volume blocks, demand charges, minimum bills, and all other billing factors necessary for the customer to check the calculation of the bill. In lieu of including the rate schedule on the bill the utility may, whenever a rate change becomes effective and at least once a year, supply each customer with the schedule of rates at which the bills are computed and any other rates that might be applicable;

(g) Clear itemization of the amount of the bill for the present billing period and any unpaid balance from previous billing periods including any late payment charges;

(h) Clear itemization of other utility charges and credits.

(1m) A public utility that calculates its volume charges in units of cubic feet shall include customer usage in both cubic feet and gallons on the customer bill or provide a formula for converting usage in cubic feet to gallons on the customer bill. In lieu of providing the information on the customer bill, a public utility may provide the information in a document provided to each customer under sub. (1) (f).

(3) Estimated bills shall be distinctly marked as such.

(4) Any partial payments received should be applied to the customer’s account in the following order:

(a) Current utility service;

(b) Current deferred payment agreement;

(d) Miscellaneous utility charges;

(e) Nonutility charges (e.g., charges for municipal fees or licenses, contracted sewer billing services, or penalties levied under municipal ordinances).

(5) Where the billings also include charges for other utility services, including sewer service billed on a volumetric basis, payment for current service or arrears should be applied on a prorata basis.

(6) Upon customer request, or at the discretion of the utility, partial payments may be allocated differently than set forth above provided that such allocation does not result in a disconnection of service or the imposition of a late payment penalty which would not have occurred under the allocation methodology set forth above.

(7) Costs or fees incurred by and awarded to the utility by a court of law, for pursuing bill collection through other agencies, such as small claims courts, or extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the commission, may be included on the utility service bill. Such tariffs shall be established on the basis of rate case proceedings or generic proceedings to establish the reasonableness of such charges.

(8) The commission may authorize the utility to make late payment charges to any portion of customer’s utility service bill that is not paid in full based on the order of payment application as provided in sub. (4), within 20 days following issuance of the bill. The late payment charge may be either a one-time charge as provided in sub. (9) or a monthly charge as provided in sub. (10). The utility shall receive approval from the commission of the method it desires to use and shall not change methods without commission approval.

(9) If the utility is authorized to make a one-time late payment charge, such charge shall comply with the following requirements:

(a) The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied;

(b) Except as provided in par. (h), late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill;

(c) The amount of the late payment charge shall be 3% of the unpaid bill, except a minimum charge of $0.50 shall apply. The utility need not calculate a late payment charge on unpaid amounts of less than $20.00, if allowed by utility tariff;

(d) Late payment charges shall be applied to all customer classes and rate classifications;

(e) Unless otherwise authorized by the commission the utility shall not waive any properly applied late payment charges;

(f) A late payment charge shall be applied only once to any given amount outstanding;

(g) If a customer disputes a bill for utility service and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility;

(h) Bills issued for utility service previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued.

(10) If the utility is authorized to make monthly late payment charges, such charges shall comply with the following requirements:

(a) The amount of the charge shall be no more than one percent per month for late charges related to service provided for the utility’s residential class of customers, and shall be no more than one and one-half percent per month for late charges related to service provided for all other purposes. The amount of the charge shall be filed with and approved by the commission before it may be applied;

(b) The late payment charge shall be applied to the total unpaid balance for utility service including unpaid late payment charges;

(c) Except as provided in par. (h), the late payment charge shall be applied no sooner than 20 days after the date of issuance of the bill;

(d) The late payment charge shall be applied to all customer classes and rate classifications;

(e) If a customer disputes a bill for utility service and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility;

(f) The utility shall not waive any properly applied late payment charge;

(g) No additional late payment charge may be applied to a delinquent account for utility service after the date on which the delinquent account was written off by the utility as uncollectible;

(h) Bills issued for utility service that was previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued. The late payment charge may be applied from the estimated date that the diversion or tampering began.

(11) If a utility changes the type of late payment charge, or initiates a late payment charge, the new charge shall apply only to utility service provided after the effective date of the change or initiation.

(12) A delinquent amount including late payment charges covered by a deferred payment agreement shall not be subject to additional late payment charges if the customer meets the payment schedule including the current bill as required by the agreement. However, if a customer defaults on a deferred payment agreement, the amount remaining shall be subject to any applicable monthly late payment charge.

(13)

(a) If the billing period is longer or shorter than allowed by s. PSC 185.32, the bill shall be prorated on a daily basis unless other provision is made in the utility’s filed rules.

(b) The utility may leave a meter reading form when access to a meter cannot be gained. If requested by the customer, the utility shall provide such a form. If no form is left on the premises, or if the form is not returned in time to be processed in the billing cycle, a minimum or estimated bill may be rendered. In cases of emergency the utility may render minimum or estimated bills without reading meters or supplying meter reading forms to customers. Except in unusual cases, a meter reading by the customer or the utility shall be obtained after no more than 3 consecutive estimated or minimum bills have been rendered.

(c) When an actual meter reading indicates that a previous estimated bill was abnormally high or low, the utility shall calculate the bill for the entire period as if use of service was normally distributed throughout the period. The previous estimated charge shall be deducted from the recomputed total. If there is evidence to indicate that actual use was not uniform throughout the period, the billing shall be adjusted according to available information.

(14)

(a) Credits due a customer because of meter inaccuracies, errors in billing, or misapplication of rates shall be shown separately and identified.

(b) Adjustments to past bills rendered because of meter inaccuracies, errors in billing, or misapplication of rates shall be separated from the current regular billing and the charges explained in detail.

(15) Each bill for service shall be computed at the proper filed rate.

(16) A utility may offer a budget payment plan to residential customers. Any such plan shall conform to the guidelines set forth in pars. (a) through (g).

(a) A budget payment plan tariff shall be on file with the commission, applicable only to charges for utility services under commission jurisdiction.

(b) A budget payment plan may be established at any time of the year. The budget amount shall be calculated on the basis of the estimated consumption and estimated applicable rates. If the budget period is a fixed year, then prospective and existing customers requesting a budget payment plan after the start of the fixed year shall have their initial monthly budget amount determined on the basis of the number of months remaining in the current budget year.

(c) An applicant for a budget plan shall be informed at the time of application that budget amounts shall be reviewed and changed every 12 months, if necessary, in order to reflect current circumstances. Adjustments to the budget amount shall be made with the objective that the customer’s underbilled or overbilled balance at the end of the budget year shall be less than one month’s budget amount.

(e) Customers who have arrearages shall be allowed to establish a budget payment plan by signing a deferred payment agreement for the arrears, according to the provisions of s. PSC 185.38.

(g) At the end of a budget year, if an underbilled or overbilled balance exists in the account, the balance shall be handled as follows:

A customer’s debit balance shall be paid in full or, at the customer’s option, on a deferred basis;
A customer’s credit balance shall be applied, at the customer’s option, against the customer’s account credited in installments to the customer’s account over the course of the next budget year, or refunded to the customer.

(17) An occupant, or other responsible party who uses utility service but does not apply for it, may be billed an estimated or actual amount at a later date for service used prior to the time of application. The utility shall have reasonable grounds to establish responsibility for the backbilling. Failure to pay charges resulting from this backbilling may result in disconnection of service. The utility shall inform the occupant of the right to dispute the billing through the dispute procedures set forth in s. PSC 185.39.

(19)

(a) A utility shall pay interest on customer overpayments not refunded to the customer within 60 days of the determination by the utility or commission that refund is due, if the net amount refunded exceeds $20.00 per refund and the overpayment was made to the utility due to:

Meters registering fast as defined in s. PSC 185.35;
Billing based on a switched-meter condition where the customer was billed on the incorrect meter;
Misapplication of rates;
Other billing errors.

(b) A utility is not required to pay interest to customers for overpayments made for:

Financing of service extensions or other equipment;
Budget payment plans;
Estimated bills;
Customer overpayments or advances.

(c) The rate of interest to be paid shall be calculated in the same manner as provided for in s. PSC 185.36 (9) (b). Interest shall be paid from the date a refund is determined to be due until the date the overpayment is refunded. Interest shall be calculated on the net amount overpaid in each calendar year.

(d) Nothing in this chapter 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.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (10) (a) and (13) (b), renum. (18) (c) to be (18) (d), cr. (18) (c), Register October 2001 No. 550, eff. 11-1-01; correction in (19) (c) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 11-039: cr. (1m), renum. (2) to 185.22 (5) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-048: r. (18) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PSC 185.34 Adjustment of bills (ROM) {#sec-psc-185.34 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.34}

(1) Stopped rom. A stopped ROM is defined as one that has recorded zero consumption during the last meter reading period. The consumption that was measured by the base meter and not recorded by the remote register shall be backbilled as current consumption. The usage backbilled as current consumption shall not exceed the customer’s average usage per billing period based on the latest 12-months usage. Any amount greater than this usage shall be backbilled pursuant to sub. (2).

(2) Stopped and under-registering rom. Unrecorded ROM consumption (base meter reading less ROM reading) resulting from sub. (1) or an under-registering ROM shall be prorated from the date of the last base meter reading. Pursuant to s. 196.635, Stats., the utility may backbill for prorated amounts associated with the last 24 months.

(3) Over-registering rom. A ROM over registration (OM reading less base meter reading) shall be prorated from the date of the last base meter reading. The utility shall refund prorated amounts associated with the period since the meter was installed or last tested, not to exceed the last 6 years.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.35 Adjustment of bills {#sec-psc-185.35 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.35}

(1) Whenever a positive displacement meter is found upon test to have an average percent registration of more than 102 and whenever a compound or current type meter is found upon test to have an average percent registration of more than 103, a recalculation of bills for service shall be made for the period of inaccuracy assuming an inaccuracy equal to the average percent error in excess of 100.

(2) For the purposes of this rule, the average percent registration shall be the average percent registration for those normal test points which are within the normal test flow limits of the meter, except that the test point within the “change-over” range for compound meters shall be ignored. (For positive displacement meters the light flow test point would not be considered.)

(3) If the period of inaccuracy cannot be determined, it shall be assumed that the full amount of inaccuracy existed during the last half of the period since the meter was installed or last tested.

(4) Where a meter in service is found not to register or is found to have an average percent registration of less than 97, the utility may bill the customer for the amount the test indicates has been undercharged for the period of inaccuracy, which period shall not exceed the last 24 months the meter was in service unless otherwise authorized by the commission after investigation. No backbill shall be sanctioned if the customer has questioned the meter’s accuracy and the utility has failed within a reasonable time to check it.

(5) If the recalculated bills indicate that more than $5.00 is due an existing customer or $10.00 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or as credit on a bill. If a refund is due a person no longer a customer of the utility, a notice shall be mailed to the last known address and the utility shall, upon request made within 6 months, refund the amount due.

(6) Subject to the utility’s written rules setting forth the method of determining a reduced rate, if a leak unknown to the customer is found in an appliance or the plumbing, the utility is encouraged to estimate the water wasted and bill for it at a reduced rate not less than the utility’s cost. No such adjustment shall be made for water supplied after the customer has been notified and has had an opportunity to correct the condition.

(7) Where, because of some deficiency in the utility’s portion of the facilities and at the request of the utility, a customer permits a stream of water to flow to prevent freezing of the service or main, the utility shall adjust the bill for the excess consumption which results.

(8) A record shall be kept of the number of refunds and charges made because of inaccurate meters, misapplication of rates, and erroneous billing. A summary of the record for the previous calendar year shall, upon request, be submitted to the commission.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.36 Deposits for residential service {#sec-psc-185.36 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.36}

(1) New residential service.

(a) A utility shall not require a deposit or other guarantee as a condition of new residential service unless a customer has an outstanding account balance with any Wisconsin gas, electric, water, or sewer 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. (See s. PSC 185.39.)

(b) A deposit under this section shall not be required if the customer provides the utility with information showing that the customer’s gross quarterly income is at or below 200% of federal income poverty guidelines.

(c) A utility shall inform the customer of the customer’s right to enter into a deferred payment agreement for payment of the deposit amount and of the customer’s right to appeal any deposit request or amount required under this section to the commission.

(2) Existing residential service. A utility may require a deposit as a condition of residential service. When the utility requests a deposit of an existing residential customer, the customer shall be informed of the customer’s right to provide a cash deposit, a 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 the deposit amount. A deposit under this section shall not be required if the customer provides the utility with information showing that the customer’s gross quarterly income is at or below 200% of the federal income poverty guidelines. The utility may require a deposit if any of the following circumstances apply:

(a) 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;

(b) Subsequent credit information indicates that the initial application for service was falsified or incomplete to the extent that a deposit would be required under this section.

(3) Guarantee terms and conditions.

(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 where payment of a specified sum not exceeding the cash deposit requirement is guaranteed, or where 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 the account with the utility, or on the guarantor’s request upon a 30-day written notice to the utility.

(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 a 20-day written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon an 8-day written notice.

(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.

(4) 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 185.38 for the outstanding account. A customer who defaults on this deferred payment agreement may be required by the utility to furnish a deposit for the remaining balance.

(a) Size of the delinquent account;

(b) Customer’s payment history;

(d) Reasons why the debt has been outstanding;

(e) Any other relevant factors concerning the circumstances of the customer, such as household size, income, and reasonable expenses.

(7) Amount of deposit. The maximum deposit for a new or existing residential account shall not exceed the highest estimated gross bill for any consecutive billing period (not to exceed 4 months) selected by the utility.

(8) Refusal or disconnection of service. Residential service may be refused or disconnected for failure to pay a deposit request under the procedures in s. PSC 185.37.

(9) Interest.

(a) Deposits for residential accounts shall bear interest payable from the date a deposit is made to the date it is applied to an account balance or is refunded.

(b) The interest rate to be paid shall be subject to change annually on a calendar year basis. The commission shall determine the rate of interest to be paid on deposits held during the following calendar year and notify the utility of that rate by December 15 of each year. The rate shall be equal to the weekly average yield of one-year United States treasury securities adjusted for constant maturity for the week ending on or after December 1 made available by the federal reserve board, rounded to the nearest tenth of one percent.

(c) The rate of interest set by the commission shall be payable on all deposits. The utility shall calculate the interest earned on each deposit at the time of refund and at the end of each calendar year. The interest rate in a calendar year shall apply to the amount of the deposit and to all interest accrued during the previous year, for the fraction of the calendar year that the deposit was held by the utility.

(10) Refund. The utility shall refund the deposit of a residential customer after 12 consecutive months of prompt payment.

(11) Review. The utility shall not continue to require a cash deposit for a residential account unless a deposit is permitted under the provisions of sub. (4) or (10).

(12) Method of refund. Any deposit or portion refunded to a residential customer shall be refunded by check unless both the customer and the utility agree to a credit on the regular billing, or unless sub. (13) or (14) applies.

(14) Arrearages. An arrearage owed by a residential customer may be deducted from the customer’s deposit under any of the following conditions:

(a) Except as provided in par. (c), a deposit may be used by the utility only to satisfy an arrearage occurring after the deposit was made;

(c) When a deposit is refunded to the customer, the utility may first deduct any arrearage owed by the customer, whether the arrearage arose prior to or after the date of the deposit.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.361 Deposits for nonresidential service {#sec-psc-185.361 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.361}

(1) New nonresidential service. If the credit of an applicant for nonresidential service has not been established satisfactorily to the utility, the utility may require the applicant to post deposit. The utility shall notify the applicant within 10 days of the request for service as to whether a deposit shall be required. The 10-day period shall begin from the date the applicant provides all information requested under s. PSC 185.305 (2) to the utility. If no request for a deposit is made within this period, no deposit shall be required, except under the provisions of sub. (2). If a request for a deposit is made, the applicant shall be given at least 30 days to provide payment, or guarantee, or to establish a deferred payment agreement.

(2) Existing nonresidential service. The utility may require an existing nonresidential customer to furnish a deposit if any of the following apply:

(a) The customer has not made prompt payment of all bills within the last 24 months;

(b) 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;

(c) Subsequent credit information indicates that the initial application for service was falsified or incomplete to the extent that a deposit would be required under this section;

(d) When the utility requests a deposit of an existing customer, the customer shall have 30 days to provide the deposit, guarantee, or to establish a deferred payment agreement.

(3) Considerations for deposit. In determining whether an applicant for nonresidential service has satisfactorily established credit, the utility shall inform the applicant that it shall consider any or all of the following factors, provided by the applicant, before requiring a security deposit:

(a) Credit information from a credit reporting service;

(b) Letter of credit from a financial institution or another utility;

(c) Applicant’s business characteristics, including type of business, estimated size of the utility bills, previous bill payment history, and applicant’s business experience;

(d) Assets of the business;

(e) The financial condition of the business, as indicated in a financial statement.

(4) Guarantee terms and conditions.

(a) The utility may accept, in lieu of a cash deposit for new or existing nonresidential service, a contract signed by a guarantor satisfactory to the utility where payment of a specified sum not exceeding the cash deposit requirement is guaranteed. The term of such contract shall be for no longer than 2 years, but it shall automatically terminate after the customer has closed its account with the utility, or at the guarantor’s request, on a 30-day written notice to the utility.

(b) On termination of a guarantee contract, or whenever the utility deems the amount of surety insufficient, a cash deposit or a new or additional guarantee may be required on a 20-day written notice to the customer. The service of a customer who fails to comply with these requirements may be disconnected on a 10-day written notice, subject to the establishment of a deferred payment agreement for the deposit.

(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.

(5) Written explanation.

(a) A utility shall provide a written explanation of why a deposit or guarantee is being required for nonresidential service. The explanation shall include notice of the customer’s right to appeal any deposit request or amount required under this section to the commission.

(b) The written explanation shall also inform the customer that if, after 12 months of utility service, the deposit amount is greater than necessary based on actual consumption, the customer may request refund of the difference between the 2 amounts.

(6) Refusal or interruption of service. Nonresidential service may be refused or disconnected for failure to pay a deposit request, subject to the s. PSC 185.37 pertaining to disconnection and refusal of service.

(7) Amount of deposit. The maximum deposit for a new account shall not exceed the highest estimated gross bill for any consecutive billing period selected by the utility (not to exceed 4 months). If after a 12-month period the deposit amount is shown to be greater than warranted based on actual consumption, the utility shall at the customer’s request refund the difference between the 2 amounts plus interest.

(8) Interest.

(a) Deposits for nonresidential service shall bear interest from the date a deposit is made to the date it is applied to an account balance or refunded.

(b) The interest rate to be paid shall be subject to change annually on a calendar basis. The commission shall determine the rate of interest to be paid on deposits held during the following calendar year and notify the utility of the rate by December 15 of each year. The rate shall be equal to the weekly average yield of one-year United States treasury securities adjusted for constant maturity for the week ending on or after December 1 made available by the federal reserve board, rounded to the nearest tenth of one percent.

(c) The rate of interest set by the commission shall be payable on all deposits. The utility shall calculate the interest earned on each deposit at the time of the refund and at the end of each calendar year. The interest rate in a calendar year shall apply to the amount of the deposit and to all interest accrued during the previous year, for the fraction of the calendar year that the deposit was held by the utility.

(9) Time of refund. The deposit of a customer shall be refunded after 24 consecutive months of prompt payment.

(10) Method of refund. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the utility agree to a credit on the regular billing, or unless sub. (11) or (12) applies.

(11) Refund at termination of service. Upon termination of service, the deposit with accrued interest, shall be credited to the final bill, and the balance shall be returned within 30 days of issuing the final bill.

(12) Arrearages. An arrearage owed by a customer may be deducted from the customer’s deposit under the following conditions:

(a) Except as provided in par. (c), a deposit may be used by the utility only to satisfy an arrearage occurring after the deposit was made;

(c) When a deposit is refunded to the customer, the utility may first deduct any arrearage owed by the customer, whether the arrearage arose prior to or after the date of the deposit.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (4) (b), Register October 2001 No. 550, eff. 11-1-01; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2014 No. 703.

Wis. Admin. Code § PSC 185.37 Disconnection and refusal of service {#sec-psc-185.37 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.37}

(1)

(a) In no circumstances shall the cumulative time before notice of disconnection be less than 20 days after the date of issuance of the bill. An account may be deemed delinquent for the purpose of disconnection after such period has elapsed.

(b) At least 10 calendar days prior to disconnection, the utility shall give a written notice of disconnection upon a form approved by the commission and which conforms to the requirements of sub. (11) unless excepted elsewhere.

(c) When a customer, either directly or through the commission, disputes a disconnection notice, the utility shall investigate any disputed issue and shall attempt to resolve that issue. During this investigation, utility service shall not be disconnected over this matter.

(d) If a disputed issue cannot be resolved pursuant to s. PSC 185.39 (1), the utility shall inform the customer of the right to contact the commission.

(1m) Prior to disconnecting a jointly-metered property containing more than one rental dwelling unit and where service is in the property owner’s or manager’s name, the utility shall first make an attempt to transfer the debt to the property owner’s or manager’s residence or office service. If a transfer is permitted under sub. (7) (a) the utility shall pursue available collection efforts at the owner’s or manager’s property prior to disconnecting the jointly-metered property.

(2) Utility service may be disconnected or refused for any of the following reasons:

(a) Failure to pay a delinquent account or failure to comply with the terms of a deferred payment agreement (see s. PSC 185.38);

(am) Delinquency in payment for service received by a previous account holder or customer at the premises to be served, if an account is transferred to a new account holder or customer and the previous account holder or customer continues to be an occupant of the dwelling unit to be served.

(b) Failure to pay for an outstanding account balance with the utility owing at a previous address and for which there is no agreement or arrangement for payment and it is not in dispute but remains outstanding;

(d) Diversion of service around the meter;

(e) Refusal or failure to permit authorized utility personnel to read the meter at least once every 4 months where the utility bills monthly or bimonthly, or at least once every 9 months where the utility bills quarterly or less frequently than quarterly. The 4- or 9- month period begins with the date of the last meter reading;

(f) Refusal or failure to permit authorized utility personnel access to the base meter;

(g) Violation of the utility’s rules pertaining to the use of service in a manner which interferes with the service of others or to the operation of nonstandard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation;

(h) Failure to comply with Wisconsin statutes, commission rules, or commission orders pertaining to utility service;

(i) Failure to pay costs or fees incurred by and awarded to the utility by a court of law, for pursuit of collection of bills, or failure to pay extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the commission;

(j) Failure to comply with the utility’s rules or if the customer uses a device that unreasonably interferes with communications or signal services used for reading meters;

(k) Failure of an applicant for utility service to provide the information or documentation required by ss. PSC 185.30 or 185.305.

(3) A utility may disconnect utility service without prior notice where a dangerous condition exists for as long as the condition exists. Upon disconnection, the utility shall provide a written explanation of the dangerous condition.

(4) Service may be discontinued with a written 24-hour notice for nonpayment of a bill covering surreptitious use of water.

(5)

(a) Any one of the items under subd. 1. or any 2 of the items under subd. 2. shall constitute adequate verification of identity and residency, although a utility may accept other forms of verification:

Photo identification card, driver’s license, or U.S. military card;
Social security card, birth or baptismal certificate, or letter of identification from a social service agency or employer.

(b) An applicant denied or refused service because of this subsection shall be informed in writing of the opportunity to dispute the matter through the commission, and shall be provided with the address and telephone number of the commission.

(6) A public utility may disconnect residential utility service, without notice, where it has reasonable evidence that utility service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the utility service.

(7)

(a) Account arrears incurred by an owner or property manager for rental residential dwelling units may be transferred, without regard to class of service, to the home or office account of the owner or property manager.

(b) The utility shall send written notice of the planned transfer of the account arrears to the owner or property manager prior to making the transfer.

(c) If the transferred account arrears remain unpaid, the utility may disconnect the owner’s or property manager’s residence or office service, provided that the utility complies with the disconnection provisions of s. PSC 185.37.

(8) Utility service may not be disconnected or refused for any of the following reasons:

(a) Nonpayment of a delinquent account over 6 months old where collection efforts have not been made within that period of time unless the passage of additional time results from other provisions of this chapter or from good faith negotiations or arrangements made with the customer;

(b) Failure to pay for merchandise or charges for nonutility service billed by the utility, except where authorized by law as in s. PSC 185.33 (1) (h);

(d) Failure to pay the account of another customer as guarantor of that account;

(e) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing;

(f) Failure to pay an estimated bill other than a bill rendered pursuant to an approved billing tariff or the customer upon request refuses to permit the reading of the meter during normal business hours;

(g) For the intentional removal or eviction of a tenant from rental property;

(h) The utility may not disconnect service in affected counties when a heat advisory, heat warning, or heat emergency issued by the national weather service is in effect. A utility shall make reasonable attempts to reconnect service to an occupied dwelling that has been disconnected when an occupant states that there is a potential threat to health or life that results from the combination of the heat and loss of service. The utility may require that an occupant produce a licensed physician’s statement or notice from a public health, social services, or law enforcement official which identifies the medical emergency for the occupant. Upon expiration of the heat advisory, heat warning, or heat emergency, the utility may disconnect service to a property that was reconnected during this period without further notice if an appropriate payment arrangement has not been established.

(8m) If the utility is provided notice that there are extenuating circumstances, such as infirmities of aging, developmental, mental or physical disabilities, the use of life support systems, or like infirmities incurred at any age, or the frailties associated with being very young, the utility shall take these circumstances into consideration and ensure compliance with s. PSC 185.37 (10) prior to disconnecting service.

(9) Residential water utility service to an occupied dwelling may not be disconnected during the period November 1 to April 15 if the water service is a necessary part of a dwelling’s heating system.

(10)

(a) Notwithstanding any other provision of this section, a utility may not disconnect service or refuse to reconnect service to a residential customer if disconnection shall aggravate an existing medical or protective services emergency of the occupant, a member of the customer’s family or other permanent resident of the premises where service is rendered and if the customer conforms to the procedures described in par. (b).

(b) A utility shall postpone the disconnection of service, or reconnect the service if disconnected, for 21 days to enable the occupant to arrange for payment, if the occupant produces a licensed Wisconsin physician’s statement or notice from a public health, social services, or law enforcement official which identifies the medical or protective services emergency and specifies the period of time during which disconnection shall aggravate the circumstances. The postponement may be extended by renewal of the statement or notice. During this 21 days of service, the utility and occupant shall work together to develop resources and make reasonable payment arrangements in order to continue the service on a permanent basis. Further postponements may be granted if there is evidence of reasonable communication between the utility and occupant in attempting to make arrangements for payment.

(c) During the period service is continued under the provisions of this subsection, the customer shall be responsible for the cost of residential utility service. However, no action to disconnect that service shall be undertaken until expiration of the period of continued service. Any customer who is in this continued service category shall be admitted into appropriate and special payment plan programs the utility may offer.

(d) If there is a dispute concerning an alleged existent medical emergency, either party shall have the right to an informal review by the commission staff. Pending a decision after informal review, residential utility service shall be continued, provided that the occupant has submitted a statement or notice as set forth in par. (b).

(11)

(a) A utility shall not disconnect service unless written notice by first class mail is sent to the customer or personally served upon a responsible party at least 10 calendar days prior to the first date of the proposed disconnection except as provided in subs. (3), (4), and (7). If the billing address is different from the service address, notice shall be posted at each individual dwelling unit of the service address not less than 5 days before disconnection. If access is not possible, this notice shall be posted, at a minimum, to all entrances to the building and in the lobby. The notice shall contain: 1) the date of the notice; 2) the proposed date of disconnection; and 3) that, if feasible, the occupants may apply to the utility to accept responsibility for future bills and avoid disconnection of service. Refusal or acceptance of the application for service is subject to those conditions set out in this chapter. If disconnection is not accomplished on or before the 20th day after the first notice date, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to the disconnection unless the customer and the utility agree to extend the 20-day time period.

(b) The utility shall make a reasonable effort to have a personal or telephone contact with the residential customer prior to disconnection. If a contact is made, the utility shall review the reasons for the pending disconnection of service, and explain what actions shall be taken to avoid disconnection.

(d) When a residential customer, either directly or through the commission, disputes a disconnection notice under s. PSC 185.37, the utility shall investigate any disputed issue and shall attempt to resolve that issue. During this investigation, utility service shall not be disconnected over this matter.

(e) If a disputed issue cannot be resolved, the utility shall inform the customer of the right to appeal to the commission.

(f) Disconnection notice shall be given on a form approved by the commission, and shall contain the following information:

The name and address of the customer and the address of the service, if different;
A statement of the reason for the proposed disconnection of service and that disconnection shall occur if the account is not paid, or if arrangement is not made to pay the account under deferred payment agreement, or if other suitable arrangements are not made, or if equipment changes are not made. If disconnection of service is to be made for default on a deferred payment agreement, the notice shall include an explanation of the acts of the customer which are considered to constitute default;
A statement that the customer shall communicate immediately upon receipt of the notice with the utility’s designated office, listing a telephone number, if the customer disputes the notice of delinquent account, if the customer wishes to negotiate a deferred payment agreement as an alternative to disconnection, if any resident is seriously ill, or if there are other extenuating circumstances, as the presence of infants or young children in the household, the presence of aged, or persons with disabilities in the household, the presence of residents who use life support systems or equipment or residents who have developmental or intellectual disabilities;
A statement that residential utility service shall be continued for up to 21 days during serious illness if the account holder submits a statement or notice pursuant to sub. (10);
A statement that the customer may appeal to the commission staff in the event that the grounds for the proposed disconnection or the amount of any disagreement remains in dispute after the customer has pursued the available remedies with the utility.

(12) Service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the utility are not available to the public for the purpose of transacting all business matters unless the utility provides personnel which are readily available to the customer 24 hours per day to evaluate, negotiate, or otherwise consider the customer’s objection to the disconnection as provided under s. PSC 185.39, and proper service personnel are readily available to restore service 24 hours per day.

(13) Notwithstanding any other provision of this chapter, utility service may not be refused because of a delinquent account if the customer or applicant provides, as a condition of future service a deposit or guarantee, as governed by s. PSC 185.36, or a voucher agreement. If the guarantor has agreed to be responsible for payment of all future bills, the customer shall be notified of the billing arrangement and of the ability to reject the proposed arrangement.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (1) (b), (2) (e) and (L), (8) (h), (9) and (11) (a), cr. (1m), (2) (am) and (8m), Register October 2001 No. 550, eff. 11-1-01; CR 13-048: am. (2) (k), r. (2) (L) Register July 2014 No. 703, eff. 8-1-14; 2019 Wis. Act 1: am. (11) (f) 3. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PSC 185.38 Deferred payment agreement {#sec-psc-185.38 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.38}

(1) A utility is required to offer deferred payment agreements to residential accounts and encouraged to offer such agreements to other customers.

(2) Every deferred payment agreement entered into due to the customer’s inability to pay the outstanding bill in full shall provide that service shall not be discontinued if the customer pays a reasonable amount of the outstanding bill, agrees to pay the remaining outstanding balance in installments, and agrees to pay the current bill by the due date.

(3) For purposes of determining reasonableness in sub. (2), the parties shall consider the customer’s ability to pay, including the following factors:

(a) Size of the delinquent account;

(b) Customer’s payment history;

(d) Reasons why the debt has been outstanding;

(e) Any other relevant factors concerning the circumstances of the customer such as household size, income, and necessary expenses.

(4) A deferred payment agreement offered by a utility shall state immediately preceding the space provided for the customer’s signature and in bold face print at least 2 sizes larger than any other print used, that:

(a) You have the right to suggest a different payment agreement;

(b) If you believe the terms of this agreement are unreasonable, DO NOT SIGN IT;

(d) If you sign this agreement, you agree that you owe the amount due under the agreement;

(e) Signing this agreement does not affect your responsibility to pay for your current service. Allowing any bill for current service to become delinquent places you in default of this agreement.

(4m) A utility that does not require a written deferred payment agreement shall communicate to the customer all points listed in sub. (4) except those pertaining to a signature when making the arrangement with the customer. A utility shall send written confirmation of a deferred payment agreement upon customer request. The commission may require a utility to use written deferred payment agreements if it has evidence that the terms of the agreements are not being effectively communicated to customers.

(5) A delinquent amount, including late payment charges covered by a deferred payment agreement, shall not be subject to an additional late payment charge if the customer meets the payment schedule, including the current bill required by the agreement. A deferred payment agreement shall not include a finance charge.

(6) If an applicant for utility service or current customer has not fulfilled terms of a deferred payment agreement and there has not been a significant change in the customer’s ability to pay since the agreement was negotiated, the utility shall have the right to disconnect pursuant to disconnection of service rules (s. PSC 185.37) and under such circumstances, it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection.

(7) Any payments made by a customer solely in compliance with a deferred payment agreement, and not as part of a payment for other utility services, shall first be considered as payment toward the deferred payment agreement with any remainder credited to the current bill. Payments made to satisfy a current bill for utility service, which may include a portion for a deferred payment agreement, shall be credited as set forth in s. PSC 185.33 (4).

(8) If a deferred payment agreement cannot be reached because the customer’s offer is unacceptable to the utility, the utility shall inform the customer in writing why the customer’s offer was not acceptable.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: cr. (4m), Register October 2001 No. 550, eff. 11-1-01.

Wis. Admin. Code § PSC 185.39 Dispute procedures {#sec-psc-185.39 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.39}

(1) Whenever the customer disputes the utility’s request for a deposit or other guarantee, or advises the utility’s designated office prior to the disconnection of service 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:

(a) Investigate the dispute promptly and completely;

(b) Advise the customer of the results of the investigation;

(d) Provide the opportunity for residential customers, nonresidential customers at utility discretion, per s. PSC 185.38 (1) to enter into a deferred payment agreement when reasonable in order to resolve the dispute.

(2)

(a) After the customer has pursued the available remedies with the utility, the customer may request that the commission staff informally review the disputed issue and recommend terms of settlement.

(b) A request for informal review may be made in any reasonable manner such as by written or telephone request directed to the commission. Either by telephone or written request, the commission staff may request the utility to investigate the dispute.

(c) The utility shall designate employees for responding to commission complaints who are readily available and have an appropriate and sufficient authority level for investigating and resolving concerns raised by the commission and its staff. Utilities shall provide the names of the designated employees to the commission and shall promptly inform the commission of any changes in these designations. A utility shall respond to the public service commission staff’s request for an investigation by attempting to contact 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, the commission staff shall make an informal determination for settlement of the dispute and communicate that determination to both parties. Either party to the dispute may request and receive the 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.

(d) There shall be at least 7 calendar days between the date the commission staff telephones or mails written notice of terms of settlement after informal review and any subsequent disconnection.

(3)

(a) After informal review, any party to the dispute may make a written request for a formal review by the commission. To avoid disconnection pending a formal review, the customer shall request a formal review by the commission, in writing, within 7 calendar days of the issue of the informal determination. All other requests for formal review shall be made within 30 calendar days of the date the commission staff telephones or provides written notice of terms of the settlement after informal review. If written confirmation is requested, the 30-day period begins from the date of that mailing.

(b) Within 7 calendar 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 calendar 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 calendar 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.

(4) 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 shall 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.

(5)

(a) If the commission decides to conduct a formal hearing under sub. (4) on the dispute, the commission may condition the terms of its granting a formal hearing. Failure to meet these conditions before hearing shall constitute waiver of the dispute by the customer.

(b) The hearing shall conform to the procedures of ss. 196.26 to 196.34, Stats.

(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.

(6) 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 of the obligation of paying charges which are not in dispute, prevent disconnection of service for nonpayment of undisputed charges, or prevent the application of the late payment charge to amounts in dispute and later determined to be correct.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (2) (c), Register October 2001 No. 550, eff. 11-1-01.

Subchapter IV Records

Wis. Admin. Code § PSC 185.41 Employees authorized to enter a customer’s premises {#sec-psc-185.41 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.41}

The utility shall keep a record of its employees authorized pursuant to s. 196.171, Stats., to enter a customer’s premises.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.42 Customer complaints {#sec-psc-185.42 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.42}

Each utility shall investigate and keep a record of complaints from its customers in regard to safety, service, or rates, and the operation of its system. The record shall show complainant’s name and address, the date the complaint is filed, the nature of the complaint, its resolution, and the date resolved.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.43 Construction records {#sec-psc-185.43 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.43}

(1) Every utility shall prepare and maintain a record of its utility plant. The records shall include a description of the unit of property, the year of its construction, and its location. They shall be in the form of a map or descriptive table.

(2) Class AB utilities are required by the uniform system of accounts to institute a perpetual inventory of their assets known as continuing property records. A continuing property record system shall contain the following criteria and detail:

(a) The system shall be arranged by plant accounts as prescribed by the Uniform System of Accounts;

(b) All property units shall be described in sufficient detail to permit their identification and shall have location information to allow verification of their physical existence;

(c) All property units shall be identified with construction costs to establish their original cost for capitalization and retirement accounting;

(d) The age and service life of property units shall be calculable for depreciation studies. The original cost, description, and age of the property unit at retirement shall be converted into mortality records and permanently retained. (See s. PSC 185.19);

(e) Source documents supporting the original cost and quantities of property units shall be preserved for a period of 6 years after the plant is retired. (See s. PSC 185.19.) An exception is when a utility maintains approved continuing property records and permanent mortality records, then supporting documents need only be preserved for a period of 6 years after construction is completed. This provision meets commission requirements but may not satisfy other record-keeping needs;

(f) Maps may be part of the continuing property records if they contain the description of the unit, its location, and the year of its construction. For maps to become the Continuing Property Record, the units shall be referenced to their original cost.

(3) A utility may apply for a waiver from any portion of subs. (1) and (2). Such application shall state the paragraphs to which a waiver is requested. Also, the utility shall provide the reasons it cannot or shall not have to comply with subs. (1) through (2) (f) and the impacts such a waiver would have on the utility’s ability to maintain usable continuing property records, if any.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.44 Records and reports of service interruptions {#sec-psc-185.44 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.44}

(1) Each utility shall notify the commission as soon as possible of any unusual occurrence which has caused or is expected to cause an interruption of service for one hour or longer to all of the customers or 500 (or more) customers, whichever number is the smaller. (This supplement does not preempt the requirements of ch. PSC 104.)

Note: See also s. PSC 185.88, Interruptions of service.

(2) Each utility shall maintain a record of each interruption (as defined in sub. (1)) showing the date and time it began, the duration, the cause, and the approximate number of customers affected.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.45 Pumpage records {#sec-psc-185.45 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.45}

A record shall be kept of the amount of water pumped into the distribution system each day from each station. The daily pumpage shall be summarized by months and such daily records and monthly summaries kept on file.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.46 Metering equipment records {#sec-psc-185.46 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.46}

(1) Meter test records.

(a) A utility shall create a record of a meter test whenever a meter is tested. If the meter is tested again, the utility need not retain the previous test record once the information in that record has been entered in the meter history record. The meter test record shall include all of the following:

Identification of the meter.
The service address at which the meter is installed.
The date of the test.
A statement of “as found” accuracies.
A statement of “as left” accuracies, when applicable.
The name of the person making the test.

(b) Meter test records and meter history records may be kept as separate records or one record.

(2) Meter history records.

(a) Each utility shall keep a history record for each meter sufficient to fulfill the requirements of s. PSC 185.19, including all of the following:

The date the meter was placed into service.
The information in all of the meter’s test records under sub. (1).
The date the meter was retired from service.

(b) Meter test records and meter history records may be kept as separate records or one record.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 13-033: r. and recr. (1), (2) Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § PSC 185.47 Other records {#sec-psc-185.47 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.47}

Other required records which are referred to elsewhere in this chapter include records of adjustment of customer bills (s. PSC 185.35 (8)), main flushing (s. PSC 185.86), valve and hydrant operations, pumpage and metered consumption (s. PSC 185.85 (2)), and service interruptions (s. PSC 185.88).

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Subchapter V Engineering

Wis. Admin. Code § PSC 185.51 Requirement for good engineering practice {#sec-psc-185.51 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.51}

The design and construction of the utility’s water plant shall conform to good standard engineering practice and shall conform to the requirements of this chapter and the requirements of appropriate federal, state, and local regulatory authorities.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.52 General construction requirements {#sec-psc-185.52 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.52}

(1) Mains.

(a) Installed depth. Mains shall be placed at such depth or otherwise protected as shall prevent freezing.

(b) Dead-ends. Where practical the utility shall design its distribution system to avoid dead-end mains. Where dead-ends are necessary, hydrants or other flushing devices shall be installed to permit flushing. (See s. PSC 185.86.)

(d) Segmentation of system. Valves shall be provided at reasonable intervals and at appropriate locations so that repairs to or maintenance of the mains shall minimize service interruptions.

(e) Location of mains. Utility-owned mains shall be located either in public right-of-way, or in a readily accessible easement. As much as possible, easements shall be free of pavement, expensive landscaping, mobile home pads, etc.

(f) Main ownership conditions. A utility may choose whether or not it shall accept for ownership the mains within a mobile home park. Mains may only be accepted if they meet the utility’s construction standards and the requirements of ss. PSC 185.51 and 185.52.

(2) Service laterals.

(a) Installed depth. Laterals shall be placed at such depth or otherwise protected as will prevent freezing.

(b) Single connections. A customer’s lateral shall be directly connected to utility-owned facilities, and there shall be no other customer connection downstream from the utility’s shut-off valve. This does not apply to multi-occupancy premises, such as apartments, condominiums, and shopping centers.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.53 Metering configuration {#sec-psc-185.53 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.53}

(1) Master metering. Unless a utility owns the water distribution facilities within a mobile home park, condominium association, trust, etc., the private system shall be master metered and the park owner, condominium association, trust, etc., shall be the utility’s billable customer.

(2) Individual metering. A utility may only provide retail service directly to individual dwellings within a mobile home park, condominium association, trust, etc., if the distribution facilities within the mobile home park, condominium association, trust, etc., are owned by the utility on easements. Such facilities may only be accepted for ownership at a utility’s discretion and only if the facilities meet the utility’s construction standards and the requirements of ss. PSC 185.51 and 185.52.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Subchapter VI Customer Meters, Accuracy Requirements

Wis. Admin. Code § PSC 185.61 Meters {#sec-psc-185.61 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.61}

(1) All meters used for measuring the quantity of water delivered to a customer shall be in good working condition. They shall be adequate in size and design for the type of service measured and shall be accurate to the standard specified in s. PSC 185.65. Cold water meters of the turbine type shall be used for metered service only where the actual flow rates fall entirely within the normal test flow limits of the meter.

(2) Meters and remote reading devices necessary for the billing of utility service shall be owned and maintained by the utility except where otherwise authorized by the commission.

(3) A utility may sell meters if such meters are to be used solely for nonutility purposes, such as unregulated sewer service. This section does not prohibit the sale of meters between utilities.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 23-070: am. (1) Register June 2024 No. 822, eff. 7-1-24.

Wis. Admin. Code § PSC 185.65 Accuracy requirements for meters {#sec-psc-185.65 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.65}

(1) The test flow limits for positive displacement, compound, and turbine meters shall be as follows:

Note: See AWWA Standards C-700 (Positive Displacement Meters), C-702 (Compound Meters), and C-701 (Turbine Meters).

Note: * See s. PSC 185.61 (1).

(2) Positive displacement meters shall have a percent registration between 98.5 and 101.5 within the range of normal test flow limits before being placed in service. In addition, new meters shall have a percent registration at the minimum test flow between 90 [95] and 101.5. In all other cases, the percent registration shall be between 90 and 101.5 before being placed in service. These requirements, in addition to flow, are shown in the table below.

Note: It is the intent of the commission that new meters have an accuracy limits percent between 95 and 101.5.

Section PSC 185.73 (3) provides that at this flow rate the test quantity may be reduced to that equivalent to one-half revolution of the test dial. For the typical 5/8-inch meter the minimum test quantity would, therefore, be 5 gal. or 1/2 cu. ft.

(3) Compound meters shall have a percent registration between 97 and 103 throughout the range of normal test flow limits. At flows within the change-over flow range, the percent registration shall not be less than 90%.

(4) Turbine meters shall have a percent registration between 97 and 103 throughout the range of normal test flow limits and a percent registration of at least 95% at the minimum test flow.

(5) For meter installations with remote reading devices the above accuracy requirements apply to the metering accuracy of the complete installation.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Subchapter VII Meter Testing

Wis. Admin. Code § PSC 185.71 Meter testing facilities and equipment {#sec-psc-185.71 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.71}

(1) Each utility furnishing metered water service shall own or provide, through contract or otherwise, adequate equipment and facilities to provide for testing all of its water meters in compliance with this chapter.

(2) The meter testing facility shall, to the extent practical, simulate the actual service condition of inlet pressure and outlet pressure. It shall be provided with the necessary fittings, including a quick-acting valve for controlling the starting and stopping of the test, and a device for regulating the flow of water through the meter under test within the requirements of this chapter.

(3) The overall accuracy of the test equipment and test procedures shall be sufficient to enable the testing of service meters within the requirements of this chapter and regulations. In any event, the inherent overall accuracy of the equipment shall permit tests with an overall error of not to exceed 0.5% at normal test flows and 1.0% at the stated minimum test flow.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.72 Calibration of meter testing equipment {#sec-psc-185.72 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.72}

(1) Volumetric standards shall be accompanied by a dated certificate of accuracy from an approved laboratory or agency. For any weight standard used, the scales shall be tested periodically by an approved agency and a record maintained of the results of the test.

(2) A reference meter used for testing domestic or larger meters may be used only if the referenced meter has been tested and calibrated during the preceding 6 months. A record shall be kept of the 2 latest tests of any reference meter. (See also s. PSC 185.73 (1).)

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.73 Testing of customer meters {#sec-psc-185.73 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.73}

(1) The test of any customer meter shall consist of a comparison of its accuracy with that of a standard of known accuracy. Where the test standard consists of a previously calibrated reference or service meter, the test results for the customer meter shall be adjusted to compensate for the inaccuracies of the reference meter at the particular flow rates.

(2) A utility shall test a meter “as found,” or before repair, and, unless the meter must be retained under s. PSC 185.77 (3), “as left,” or after repair.

(3) The volume of water through the meter at each test flow point shall be sufficient to produce at least one revolution of the test dial except at the “minimum test flow” point when said volume of water shall produce at least one-half revolution of the test dial.

(4) A meter not meeting the accuracy or other requirements of s. PSC 185.61 or 185.65 shall, unless the meter must be retained under s. PSC 185.77 (3), be repaired or rebuilt to meet those requirements before further use.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 13-033: am. (2), (4) Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § PSC 185.74 Test flows {#sec-psc-185.74 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.74}

(1) Tests. The minimum test flow and “normal test flow limits” as used herein refer to those listed in s. PSC 185.65. The stated test flows apply for both As Found and As Left tests.

(2) Positive displacement meters. (See s. PSC 185.65 (2).) For each test, the percent registration shall be determined at each of the following test flows:

(a) The minimum test flow;

(b) Two test flows within the normal test flow limits, one to be approximately at the maximum registration and the other to be at a flow as high as practicable within the normal test flow limits.

(3) Compound meters. For each test it shall be determined whether or not the by-pass unit operates at the minimum test flow and, in addition, the percent registration shall be determined at each of the following test flows as determined from accuracy curves for the particular type and size of meter:

(a) The flow for maximum registration of the by-pass unit;

(b) A flow near the point of minimum registration within the change-over range;

(c) At least 3 flows within the normal test flow limits of the current unit, one of which is to be at the flow for maximum registration, one at approximately 50% of such flow but above the change-over range, and one at as high a flow as practicable.

(4) Turbine meters. For each test the percent registration shall be determined at each of the following test flows:

(a) The minimum test flow;

(b) At least 3 flows within the normal test flow limits, one of which is to be at or near the lower limit, another as near as practicable to the upper limit, and one at an intermediate flow rate.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.75 Required tests of customer meters {#sec-psc-185.75 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.75}

Meters shall be tested by the utility at the following times:

(1) Before use or sample tests in accordance with s. PSC 185.751 shall include:

(a) Rebuilt meters;

(b) New Meters which are not certified accurate by the vendor.

(2) Periodically to insure accuracy, (see s. PSC 185.76);

(3) Upon customer request or complaint, (see s. PSC 185.77);

(4) When damaged or otherwise suspected of being inaccurate;

(5) If a meter is removed while a usage dispute is pending.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (5), Register October 2001 No. 550, eff. 11-1-01.

Wis. Admin. Code § PSC 185.751 Alternate sample-testing plan for “before-use” test for 5/8-, 3/4-, and 1-inch meters {#sec-psc-185.751 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.751}

(1) All rebuilt meters must be tested before use.

(2) Meters as received from the supplier without a certificate of accuracy shall be divided into lots of 36 or less. Each lot shall consist of meters of the same make, type, and size.

(3) A random-selected sample of 4 meters from each lot shall be selected and tested.

(4) If any of the tested meters in a given lot fail to meet the accuracy requirements of s. PSC 185.65 (2) for new meters, either the entire lot shall be rejected, or the utility shall test all meters in the lot, rejecting or correcting those found to be inaccurate.

(5) Records shall be maintained showing the identification numbers of all meters in each lot and the test results for the meters tested per s. PSC 185.19.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.76 Periodic tests {#sec-psc-185.76 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.76}

(1) Customer meters (“in-use” meters) shall be tested as frequently as is necessary to maintain their accuracies within requirements set forth in s. PSC 185.65. Unless otherwise authorized by the commission, each utility shall observe a test schedule such that the intervals between tests do not exceed the following:

(2) Where local water conditions are such that meters shall not retain the required accuracy for the periods indicated, appropriate shorter test intervals shall be observed and may be specifically required by the commission.

(3) Where local water conditions permit and with specific commission approval, the test interval for 5/8-, 3/4-, and 1-inch meters may be extended. This contemplates that the utility shall demonstrate that the accuracy of its meters shall be retained for such period.

(4) For 3- and 4-inch meters, the above test interval may be extended to 4 years where the utility shall demonstrate that the accuracy of its meters shall be retained for this period.

(5) In lieu of testing every meter as required under sub. (1), a utility may satisfy the requirements of this section by testing meters according to s. PSC 185.761.

(6) When system losses are less than the prescribed percentages under s. PSC 185.85 (4), a utility in lieu of testing every meter as required under sub. (1), may satisfy the requirements of this section for 5/8, 3/4, and 1-inch meters by adopting a new meter replacement program that results in each meter being replaced within 20 years of the original date of installation.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: cr. (6), Register October 2001 No. 550, eff. 11-1-01.

Wis. Admin. Code § PSC 185.761 Alternative sample-testing plan for in-use meters {#sec-psc-185.761 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.761}

(1) As an alternative to testing 100% of meters that require testing under s. PSC 185.76, a utility may test a population sample equal to 25% of the total to be tested of each meter size. This test sample shall be a random selection of the total to be tested and each meter size test shall be conducted independently. If 10% or more of the test sample does not meet the accuracy requirements of s. PSC 185.35, the utility shall test all meters of that size in accordance with s. PSC 185.76.

(2) Meters testing inaccurately under sub. (1) shall be repaired prior to being returned to service. The test sample selected shall be rescheduled for testing under the intervals set forth in s. PSC 185.76 (1). The meters not selected shall be rescheduled for testing at an interval not exceeding one-half the test intervals set forth in s. PSC 185.76 (1).

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.77 Request and referee tests {#sec-psc-185.77 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.77}

(1) Request tests. Each utility shall promptly make an accuracy test without charge of any metering installation upon request of the customer if 24 months or more have elapsed since the last customer requested test of the meter in the same location. If less than 24 months have elapsed, an amount equal to one-half the estimated cost of the meter test shall be advanced to the utility by the customer. The amount shall be refunded if the test shows the meter to be over- or under-registering by more than 2%. A report giving the results of the test shall be made to the customer and a complete original test record shall be kept on file in the office of the utility. Upon request, the test shall be made in the presence of the customer during normal business hours.

(2) Referee tests. Any customer may request to have an official test of the meter observed by the commission.

(3) Meter retention.

(a) Definitions. For purposes of this subsection, “as found” means retained, filled with water and capped without any other adjustments being made since the last test was performed.

(b) After a customer requested test. When a utility performs a customer requested test on a customer’s meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in “as found” condition, at a designated location on the utility’s premises for at least one full billing period plus four weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

(c) After a referee test. When a utility or third party retests a customer’s meter under sub. (2), the utility shall keep the tested meter, in “as found” condition, at a designated location on the utility’s premises for at least 10 business days after the test result report is issued so that the meter is available should further testing or review be needed. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

(d) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 185.42 or is notified about a dispute under s. PSC 185.39 involving a meter-related issue, the utility shall keep the meter, in “as tested” condition, at a designated location on the utility’s premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer’s premises for the designated time period rather than storing it at the utility’s premises.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 13-033: am. (title), renum. 185.77 to (1) and am., cr. (1) (title), renum. 185.78 to (2), cr. (3) Register July 2015 No. 715, eff. 8-1-15; correct numbering of (3) (c), (d) under s. 13.92 (4) (b) 1., Stats., Register July 2015 No. 715.

Wis. Admin. Code § PSC 185.79 Remote outside meter (ROM) and automatic meter reading (AMR) system tests {#sec-psc-185.79 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.79}

(1) The ROM and AMR systems shall be tested each time the associated meter is tested. If the total recorded consumption of the ROM agrees with that of the base meter or the AMR system read and the base meter read are the same, no further testing of the ROM or AMR systems is needed.

(2) The test of metering installations with remotes shall be sufficient to demonstrate that the accuracy of the meter-remote combination meets the requirements of s. PSC 185.65.

(3) As an alternative to subs. (1) and (2), a utility may receive approval and place on file with the commission a remote testing schedule which is specifically designed to meet the needs of the remote metering system used by the utility.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.795 Electrical safety {#sec-psc-185.795 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.795}

Jumpering meter settings. Under certain abnormal conditions, a dangerous voltage may appear across the meter setting when the water line is electrically opened as by removal of the meter. Before a water meter is removed (or the interior piping leading to the service otherwise opened), an appropriate electrical jumper shall be connected across the meter setting or proposed opening in the piping to maintain electrical continuity. If the water supply piping is used as a ground for the building’s electrical service, the electrical jumper shall not be removed until a meter is again set or the piping closed. The utility shall inform the customer that the electrical jumper shall not be removed until a meter is again set or the piping closed.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Subchapter VIII Operating Requirements

Wis. Admin. Code § PSC 185.81 Quality of water {#sec-psc-185.81 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.81}

(1) Every water public utility shall provide water of such quality that it complies with state and federal requirements for drinking water.

(2) Each water utility system shall be designed and operated so that the water supplied to all customers is reasonably free from objectionable taste, color, odor, and sand or other sediment.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.82 Pressure standards {#sec-psc-185.82 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.82}

(1) Under conditions of normal heavy system demand the residual pressure at the meter outlet shall not be less than 20 p.s.i.g. For typical residential customers, normal conditions of use shall mean a flow rate of not less than 12 gallons per minute. This standard assumes that the customer’s portion of the service lateral is of normal, adequate design, and in good condition. This standard shall ordinarily require that the distribution main pressure at the corporation stop connection be at least 35 p.s.i.g. The utility is to establish minimum specifications for the service lateral to assure that excessive pressure drop does not occur in the lateral because of its length or for other cause.

(2) The maximum pressure at the meter shall not exceed 125 p.s.i.g. The maximum pressure at the meter shall not exceed 100 p.s.i.g. for new systems and, to the extent practical, major additions to existing systems.

(3) Each utility shall have at least one permanently installed pressure gauge on its system and shall have access to indicating and recording pressure gauges to check pressure levels.

(4) Each utility shall make such pressure tests or surveys as to assure that the pressure limitations of subs. (1) and (2) are being met.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.83 Station meters {#sec-psc-185.83 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.83}

(1) Each pumping station shall be provided with station metering to accurately measure the water pumped into the distribution system. (See s. PSC 185.45.)

(2) Station meters shall be maintained to ensure reasonable accuracy and shall have the accuracy checked at least once every 2 years.

(3) Station meters shall be selected so that the actual flow rates are entirely within the normal flow range for the particular meter. These meters shall ordinarily be installed in the inlet rather than outlet line of pressure tank storage reservoirs.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.85 Water audits and water loss control {#sec-psc-185.85 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.85}

(1) Definitions. In this section:

(a) “Apparent loss” means the volume of water attributable to customer and station meter inaccuracies, billing and data transfer errors, unauthorized consumption, and theft.

(b) “Authorized consumption” means the volume of water used by metered and unmetered customers and the volume of water used for other purposes that is implicitly or explicitly authorized by the utility, including water used for flushing water mains and sewers, fire protection and training, street cleaning, public fountains, freeze prevention, and other municipal purposes regardless of whether the use is metered.

(c) “Non-revenue water” means the volume of water equal to the difference between the volume of water entering the distribution system and the volume of water that is sold.

(d) “Real loss” means the volume of water attributable to leaks and losses in the pressurized distribution system up to the customer meter, including water lost due to main breaks, service breaks, and tank and reservoir overflows.

(e) “Revenue water” means the volume of water entering the distribution system that is billed and for which the utility receives revenue.

(f) “Unaccounted-for water” means the volume of water entering the distribution system for which a specific use or purpose cannot be determined.

(g) “Water loss” means the difference between the volume of water entering the distribution system and authorized consumption.

Note: Water loss equals the sum of real and apparent losses that are caused by unauthorized consumption, meter inaccuracies, accounting errors, data processing errors, leaks in transmission and distribution mains, leaks in service connections up to the customer meter, seepage, overflow, evaporation, theft, malfunctioning distribution system controls, and other unaccounted-for water, as described in the American Water Works Association M36 manual – Water Audits and Water Loss Control Programs.

(2) Utility practices. A public utility shall do all of the following:

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

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

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

(e) Control water usage from hydrants.

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

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

(3) Water audits.

(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.

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

Water purchased or pumped from all sources.
Water used in treatment or production processes.
Water entering the distribution system.
Water sold, including both metered and unmetered sales.
Water not sold but used for utility-authorized purposes, including flushing mains, fire protection, freeze prevention, and other authorized system uses.
Water loss.
Unknown or unaccounted-for water.

(4) Water loss control.

(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.

(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:

A percentage of non-revenue water that exceeds 30 percent.
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.

The reasons for the excessive non-revenue water or water loss.
A description of the measures that the utility plans to undertake to reduce water loss to acceptable levels within a reasonable time period.
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.
Any additional information required by the commission.

(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.

History

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

Wis. Admin. Code § PSC 185.86 Flushing mains {#sec-psc-185.86 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.86}

(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.

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

(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.

History

Cr. Register, January, 1997, No. 493, eff. 2-1-97.

Wis. Admin. Code § PSC 185.88 Frozen laterals {#sec-psc-185.88 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.88}

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

(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;

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

It is the first thaw for the customer at the location and;
The utility has not provided the customer with seasonal notice of the corrective actions to be taken for a known condition.

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

(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;

(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;

(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;

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

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.

Wis. Admin. Code § PSC 185.89 Adequacy of Water Supply, Emergency Operations and Interruptions of Service {#sec-psc-185.89 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.89}

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

(2) Emergency operation.

(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.

(3) Interruptions of service.

(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.

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

(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.

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

History

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

Wis. Admin. Code § PSC 185.90 Water Supply Shortage {#sec-psc-185.90 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.90}

(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.

(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.

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

(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.

(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:

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

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

(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.

(d) Promptly restore service.

(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.

(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.

History

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

Subchapter IX Water Conservation and Efficiency

Wis. Admin. Code § PSC 185.95 Definitions {#sec-psc-185.95 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.95}

In this subchapter:

(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:

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

(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.

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.

Wis. Admin. Code § PSC 185.96 Customer Education Requirements {#sec-psc-185.96 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.96}

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.

History

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

Wis. Admin. Code § PSC 185.97 Voluntary Water Conservation Rebate or Incentive Programs {#sec-psc-185.97 omnilex-key=us-wi-regs-official--agency-psc--PSC 185.97}

(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.

(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:

(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.

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

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

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

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

(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.

(h) Any other information the commission requests.

(3) Approval of voluntary program.

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

Whether the program is in the public interest.
The likelihood the public utility will achieve its program goals.
The inclusion of appropriate water conservation measures.
The adequacy of the proposed budget.
The net cost effectiveness of the program.
The adequacy of the public utility’s evaluation, measurement, and verification plan.
The level of coordination with any statewide water conservation program, including any requirements contained in ch. NR 852.

(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.

(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.

(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.

(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:

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

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

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

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

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

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

(h) Any other information requested by the commission.

(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.

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.

Chapter PSC 187 SEWER MAIN EXTENSION COST RECOVERY

Wis. Admin. Code § PSC 187.01 Purpose {#sec-psc-187.01 omnilex-key=us-wi-regs-official--agency-psc--PSC 187.01}

The purpose of this chapter is to carry out the legislative directive in s. 66.0821 (2) (a) 2., Stats., to adopt rules setting forth the method of determining payment to a developer by a person connecting an extension into a sewerage project for which the developer is paying or has paid in whole or in part.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 187.02 Definitions {#sec-psc-187.02 omnilex-key=us-wi-regs-official--agency-psc--PSC 187.02}

In this chapter:

(1) “Developer” is a person who constructs or creates a subdivision.

(2) “Developer contribution” is physical assets or capital contributed by a developer to a sewerage project.

(3) “Municipality” has the meaning given under s. 66.0821 (1) (a), Stats.

Note: This chapter does not apply to town sanitary districts. Section 66.0821 (1) (a), Stats., defines “municipality” as any town, village, city or metropolitan sewerage district.

(4) “Sewer main” means sewer pipe installed to transport sewage from the sewer service lateral to the wastewater collection system or wastewater treatment plant.

(5) “Sewer service lateral” means the pipe installed from a building to the sewer main.

(6) “Sewerage project” means that portion of a sewer main which has been financed by a developer contribution and which connects the remainder of the municipal sewerage system and the developer’s subdivision. It also includes any lift stations, including pumping facilities, located within the development which have the capacity to serve outside the development.

(7) “Subdivision” has the meaning given under s. 236.02 (12), Stats.

Note: Section 236.02 (12), Stats., defines “subdivision” as a division of a lot, parcel or tract of land by the owner thereof or the owner’s agent for the purpose of sale or of a building development, where: (a) The act of division creates 5 or more parcels or building sites of 1 1/2 acres each or less in area; or (b) Five or more parcels or building sites of 1 1/2 acres each or less in area are created by successive divisions within a period of 5 years.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 187.03 Application {#sec-psc-187.03 omnilex-key=us-wi-regs-official--agency-psc--PSC 187.03}

This chapter applies to any person who connects a sewer main extension into a sewer main for which there has been a developer contribution, and whose property is outside of the subdivision of the developer who made the developer’s contribution. A person making a sewer main extension from a previously installed sewer main extension for which a developer is paying or has paid shall pay to the developer a fee as defined under s. PSC 187.05. This chapter does not apply to a combined water and sewer utility under s. 66.0819, Stats.

Note: This chapter does not apply to limit any sewerage service charges or other means of collecting costs of providing wastewater treatment service as permitted under s. 66.0821, Stats., by municipalities owning wastewater facilities or portions thereof for which no developer contribution has been made.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

Wis. Admin. Code § PSC 187.04 Notice {#sec-psc-187.04 omnilex-key=us-wi-regs-official--agency-psc--PSC 187.04}

The municipality in which a sewerage project is located for which a developer is paying or has paid shall inform a person who wishes to connect an extension into a sewer main in the sewerage project of the requirements of this chapter.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99.

Wis. Admin. Code § PSC 187.05 Determining refund fees {#sec-psc-187.05 omnilex-key=us-wi-regs-official--agency-psc--PSC 187.05}

(1) Where the cost of the sewer main extension is to be collected through special assessment by the municipality against the abutting property, the procedures set forth under ss. 66.0701 and 66.0703, Stats., shall apply, and no additional contribution for the cost of the sewer main extension will be required and no refund will be made to the developer.

(2) When a new sewer main is extended from an existing sewer main, which was not financed by developer contributions, the new sewer main extension shall not be subject to this chapter.

(3) Where the developer is paying, or has paid, all or part of the cost of a sewer main extension, part of the contribution may be refundable. If a person whose property is outside of the development connects a sewer main extension to a developer-financed sewer main within three years after the date of completion of the developer’s sewer main installation, within 60 days of connection the person shall pay to the developer the following:

(a) Calculation of sewer main extension refund. The developer shall be refunded a percentage of the costs of the original sewerage project calculated using the Diameter Squared, Length of Sewer Main method, where

Note: Where multiple sewer main diameters are involved, calculating “P” requires summing the individual products of each length of sewer main multiplied by its respective diameter squared.

(b) Calculation of additional sewer main extensions. As additional sewer main extensions are made to the sewer main, paid or to be paid by the developer, the cost of the original sewerage project shall be redistributed on the basis of proportionality by expanding the Diameter Squared, Length of Sewer Main Method to include the additional extensions. Any calculations previously made under the formula shall be recalculated to adjust and determine new reimbursement payments to all parties. Reimbursement to the original developer shall never exceed 50% of the original sewerage project cost. No refunds will be made for sewer main extensions that do not directly connect to the sewer mains serving the original development.

History

Cr. Register, August, 1999, No. 524, eff. 9-1-99; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.