Current through August 26, 2024
(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.
(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.
(c) Failure to comply with the deposit,
guarantee arrangement, or installment payment agreement, as specified in s. PSC 134.0615.
(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.
(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)
(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 s. PSC 134.0624.
(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.
(c) Failure to pay for a different type or
class of utility service, except as provided in sub. (5).
(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.
(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:
1. The date of the notice.
2. The proposed date of
disconnection.
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.
4. 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:
1. The name and address of the customer and
the address of the service, if different.
2. 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.
3. 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.
4. 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)
(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 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.
