Current through August 26, 2024
(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;
(c) Failure to comply with deposit or
guarantee arrangements as specified in s.
PSC 185.36 or 185.361;
(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:
1. Photo identification card,
driver's license, or U.S. military card;
2. 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);
(c) Failure to pay for a different type or
class of utility service, except as provided by sub. (7) (c);
(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.
(c) The utility shall keep a record of these
contacts and contact attempts.
(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:
1.
The name and address of the customer and the address of the service, if
different;
2. 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;
3. 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;
4. 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);
5. 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.
