Current through August 26, 2024
(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.
(c) Attempt to
resolve the dispute.
(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.
(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 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.
(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 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.
