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Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter IV - Complaints › Section PSC 128.42 - Notice to property owners and residents

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter V - Commission Procedure › Section PSC 128.50 - Standards established by the commission

Current through June 24, 2024
(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:
1. Noise measurement, compliance and
				mitigation.
2. Stray voltage
				testing and remediation.
3. Shadow
				flicker compliance and mitigation.
4. Communications interference testing and
				mitigation.
5. Other areas where
				protocols are appropriate.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter V - Commission Procedure › Section PSC 128.51 - Commission review

Current through June 24, 2024
(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.
(c) A
				description of the wind energy system 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).
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter VI - Small Wind Energy Systems › Section PSC 128.60 - Exemptions from this chapter

Current through June 24, 2024
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), to
				  128.16(2) (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), to 128.33(1) (3m)
				  and (5),
				  128.34(3),
				  128.36,
				  128.40(2) (b) to
				  (e),
				  128.41, and
				  128.42.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter VI - Small Wind Energy Systems › Section PSC 128.61 - Modifications to this chapter

Current through June 24, 2024
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.
Table 2
Setback Description
Setback Distance
Occupied Community Buildings
1.0 times the maximum blade tip height
Participating Residences
None
Nonparticipating Residences
1.0 times the maximum blade tip height
Participating Property Lines
None
Nonparticipating Property Lines
1.0 times the maximum blade tip height
Public Road Right-of-Way
None
Overhead Communication and Electric Transmission or
								Distribution Lines - Not including utility service lines to individual houses
								or outbuildings
1.0 times the maximum blade tip height
Overhead Utility Service Lines - Lines to
								individual houses or outbuildings
None
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.01 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.03 - Special design and construction conditions

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.04 - Discrimination

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.05 - Management function costs

Current through June 24, 2024
(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.
(c) Inspecting utility job sites and
			 restoration projects.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.06 - Bonds and insurance

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.09 - Permanent relocation of utility facilities

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.10 - Advanced excavation work plans

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.11 - Facilities mapping

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 130 - Municipal regulation of municipal rights-of-way › Section PSC 130.12 - Abandonment

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.01 - Purpose

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.02 - Definitions

Current through June 24, 2024
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.
The definition of the term "within" does not include
				  facilities "along" or "parallel to" railroad right-of-way.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.03 - Compensation

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.04 - Casing

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.05 - Insurance

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.06 - Notification of construction; emergencies; repair and maintenance

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.07 - Emergencies, reimbursement

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.08 - Physical description of facilities

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 132 - Compensation and conditions for public utility facilities within railroad right-of-way › Section PSC 132.10 - Disputes

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.01 - General

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.02 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.03 - When commission authorization or notification is required

Current through June 24, 2024
(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)
1. 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.
2. 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."
3. 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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.04 - Information to be included in an application

Current through June 24, 2024
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.
(c) The approximate construction
			 schedule.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.05 - Pre-application consultation

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.06 - Commission procedure

Current through June 24, 2024
(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.
(c) The proposed project
			 requires the preparation of an environmental impact statement under s.
			 1.11,
			 Stats.
(d) The commission
			 determines that a hearing is necessary.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.07 - Territorial agreements

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 133 - Construction, Installation, And Placing In Operation Of Facilities By Gas Utilities › Section PSC 133.08 - Service in annexed areas

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.01 - General

Current through June 24, 2024
(1) Chapter 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).
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.02 - Definitions

Current through June 24, 2024
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.
(c) Period of time the debt has been
			 outstanding.
(d) Reasons why the
			 debt has been outstanding.
(e) Any
			 other relevant factors concerning the customer's circumstances, as household
			 size, income and expenses.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.03 - Service

Current through June 24, 2024
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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.05 - Information available to customers

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.053 - Application for commercial and farm service

Current through June 24, 2024
(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 user of gas 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
(c) The utility may only
			 require that an applicant provide the following information in an application:
1. Legal name of the user of service and the
			 person responsible for bill payment, if different than the user.
2. Telephone number of the user of service
			 and the person responsible for bill payment, if different than the
			 user.
3. Address where service is
			 to be provided.
4. Mailing address
			 if different from service address.
5. Date requested for service to
			 begin.
6. The most recent previous
			 address of the person responsible for bill payment.
7. Credit information under par.
			 (e).
8. 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:
1. Federal employer identification number or
			 proof that it has been applied for but not yet granted.
2. Wisconsin department of financial
			 institutions identification number.
3. 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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.061 - Deposits, residential

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.0615 - Deposits for commercial and farm service

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.062 - Disconnections, residential

Current through June 24, 2024
(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.
(c) Failure to comply
			 with deposit or guarantee arrangements, as specified in s. PSC
			 134.061.
(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) 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)
			 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.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 134 - Standards For Gas Service › Section PSC 134.0622 - Disconnections, commercial and farm accounts

Current through June 24, 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.