(000001.ildoc) 185

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Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
223

PUBLIC SERVICE COMMISSION

PSC 185.12

Chapter PSC 185
STANDARDS FOR WATER PUBLIC UTILITY SERVICE
Subchapter I — General
PSC 185.11 Authorization for and application of rules.
PSC 185.12 Definitions.
PSC 185.13 General requirement.
PSC 185.15 Free or discriminatory service prohibited.
PSC 185.16 Protection of water utility facilities.
PSC 185.17 Interference with public service structures.
PSC 185.18 Location of records.
PSC 185.19 Retention of records.
Subchapter II — Rate Schedules and Rules
PSC 185.21 Schedules to be filed with the commission.
PSC 185.22 Information available to customers.
Subchapter III — Service and Billing
PSC 185.30 Application for residential and multifamily service.
PSC 185.305 Application for nonresidential service.
PSC 185.31 Metered service.
PSC 185.32 Meter readings and billing periods.
PSC 185.33 Billing.
PSC 185.34 Adjustment of bills (ROM).
PSC 185.35 Adjustment of bills.
PSC 185.36 Deposits for residential service.
PSC 185.361 Deposits for nonresidential service.
PSC 185.37 Disconnection and refusal of service.
PSC 185.38 Deferred payment agreement.
PSC 185.39 Dispute procedures.
Subchapter IV — Records
PSC 185.41 Employees authorized to enter a customer’s premises.
PSC 185.42 Customer complaints.
PSC 185.43 Construction records.
PSC 185.44 Records and reports of service interruptions.
PSC 185.45 Pumpage records.
PSC 185.46 Metering equipment records.
PSC 185.47 Other records.
Subchapter V — Engineering
PSC 185.51 Requirement for good engineering practice.

PSC 185.52 General construction requirements.
PSC 185.53 Metering configuration.
Subchapter VI — Customer Meters, Accuracy Requirements
PSC 185.61 Meters.
PSC 185.65 Accuracy requirements for meters.
Subchapter VII — Meter Testing
PSC 185.71 Meter testing facilities and equipment.
PSC 185.72 Calibration of meter testing equipment.
PSC 185.73 Testing of customer meters.
PSC 185.74 Test flows.
PSC 185.75 Required tests of customer meters.
PSC 185.751 Alternate sample−testing plan for “before−use” test for 5/8−, 3/4−,
and 1−inch meters.
PSC 185.76 Periodic tests.
PSC 185.761 Alternative sample−testing plan for in−use meters.
PSC 185.77 Request and referee tests.
PSC 185.79 Remote outside meter (ROM) and automatic meter reading (AMR)
system tests.
PSC 185.795 Electrical safety.
Subchapter VIII — Operating Requirements
PSC 185.81 Quality of water.
PSC 185.82 Pressure standards.
PSC 185.83 Station meters.
PSC 185.85 Water audits and water loss control.
PSC 185.86 Flushing mains.
PSC 185.88 Frozen laterals.
PSC 185.89 Adequacy of Water Supply, Emergency Operations and Interruptions of Service.
PSC 185.90 Water Supply Shortage.
Subchapter IX – Water Conservation and Efficiency
PSC 185.95 Definitions.
PSC 185.96 Customer Education Requirements.
PSC 185.97 Voluntary Water Conservation Rebate or Incentive Programs.

Note: Chapter PSC 185 as it was in effect on May 31, 1972 was repealed, and
a new chapter PSC 185 was created, Register, May, 1972, No. 197, effective June
1, 1972. Chapter PSC 185 as it was in effect on January 31, 1997 was repealed and
a new chapter PSC 185 was created effective February 1, 1997.

taken by the utility, which action, however, shall be subject to
review by the public service commission.

Subchapter I — General

PSC 185.12 Definitions. 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.

PSC 185.11 Authorization for and application of
rules. (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

History: Cr. Register, January, 1997, No. 493, eff. 2−1−97.

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,

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.
Register June 2017 No. 738

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.12

WISCONSIN ADMINISTRATIVE CODE

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,
mental retardation, other developmental or mental 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.

224

(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.

PSC 185.13 General requirement. 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.

PSC 185.15 Free or discriminatory service prohibited. 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.

PSC 185.16 Protection of water utility facilities.
(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 pay-

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
225

PSC 185.21

PUBLIC SERVICE COMMISSION

ment 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.

Description of Record
(a) Maps showing the location and physical characteristics of the utility plant
(b) Engineering and original
cost records in connection
with construction projects

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.

PSC 185.17 Interference with public service structures. (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.

PSC 185.18 Location of records. 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.

PSC 185.19 Retention of records. (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.

4. Meter history record
5. Annual meter accuracy
summary
6. Pressure records
(d) Customer records:
1. Complaint records
2. Customer deposit
3. Meter reading records
used for billing
4. Billing record
(e) Filed rates and rules

Period to be Retained
Until maps are superseded or
6 years after plant is retired,
provided mortality data are
retained
Until records are superseded
or 6 years after plant is
retired, provided mortality
data are retained. An exception is allowed when a utility
maintains approved continuing property records; then,
engineering and original cost
records need only be preserved for a period of 6 years
after construction is completed.
15 years or 3 years after the
source is abandoned, whichever is shorter
6 years
Until the information in the
meter test record is entered in
the meter history record and
the meter is tested again
Life of meter plus 6 years
6 years
6 years
3 years after the complaint is
resolved
6 years after refund
6 years
6 years
Permanently

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.

(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
PSC 185.21 Schedules to be filed with the commission. (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

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.21

WISCONSIN ADMINISTRATIVE CODE

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.
(c) The commission may approve rates that promote efficient
water use.
(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.

PSC 185.22 Information available to customers.
(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

226

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
PSC 185.30 Application for residential and multifamily service. (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) If a utility requires an application, a residential or
multifamily user of water 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) 1. 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.
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.
3. If a utility requests the initial identification data under
subd. 2., it shall inform the applicant of all acceptable forms of

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
227

PUBLIC SERVICE COMMISSION

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.
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:
1. The application is for service at a premises where a bill
remains unpaid for service provided within the previous 24
months.
2. 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.
3. 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:
1. 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.
2. 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) 1. 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.

PSC 185.305

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.
2. 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
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
unexpectedly 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:
1. An explanation of why service is being refused.
2. The applicant’s right to ask commission staff to review the
refusal.
3. 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.

PSC 185.305 Application for nonresidential service. (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) 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
(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.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.305

WISCONSIN ADMINISTRATIVE CODE

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 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:
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.

(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:
1. An applicant refuses to provide the information under sub.
(2) (c), (e), or (f).
2. 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:
1. State or federal income tax returns.
2. Internal Revenue Service letter assigning federal
employer identification number.
3. Wisconsin seller’s permit or department of revenue letter
assigning a Wisconsin seller’s permit identification number.
4. 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. (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 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:
1. An explanation of why service is being refused.
2. The applicant’s right to ask commission staff to review the
refusal.

228

3. 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.
(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.

PSC 185.31 Metered service. (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.

PSC 185.32 Meter readings and billing periods.
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.

PSC 185.33 Billing. (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;
(c) The present and last preceding meter readings;
(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;

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

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229

PUBLIC SERVICE COMMISSION

(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;
(c) Utility service arrears;
(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;

PSC 185.33

(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 calcu-

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.33

WISCONSIN ADMINISTRATIVE CODE

late 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.
(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 the arrears, according to the provisions of s. PSC
185.38.
(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:
1. A customer’s debit balance shall be paid in full or, at the
customer’s option, on a deferred basis;
2. 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 dis-

230

pute 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:
1. Meters registering fast as defined in s. PSC 185.35;
2. Billing based on a switched−meter condition where the
customer was billed on the incorrect meter;
3. Misapplication of rates;
4. Other billing errors.
(b) A utility is not required to pay interest to customers for
overpayments made for:
1. Financing of service extensions or other equipment;
2. Budget payment plans;
3. Estimated bills;
4. 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.

PSC 185.34 Adjustment of bills (ROM). (1) STOPPED
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.
ROM.

History: Cr. Register, January, 1997, No. 493, eff. 2−1−97.

PSC 185.35 Adjustment of bills. (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.)

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

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PUBLIC SERVICE COMMISSION

(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.

PSC 185.36 Deposits for residential service.
(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 util-

PSC 185.36

ity 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.
(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 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;
(c) Time that the debt has been outstanding;
(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 deter-

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.36

WISCONSIN ADMINISTRATIVE CODE

mine 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.
(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.
History: Cr. Register, January, 1997, No. 493, eff. 2−1−97.

PSC 185.361 Deposits for nonresidential service.
(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;

232

(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

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
233

PUBLIC SERVICE COMMISSION

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;
(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.
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.

PSC 185.37 Disconnection and refusal of service.
(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

PSC 185.37

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

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.37

WISCONSIN ADMINISTRATIVE CODE

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 postpone-

234

ments 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

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
235

PUBLIC SERVICE COMMISSION

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 mental retardation or
other developmental or mental 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.
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.

PSC 185.38 Deferred payment agreement. (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;
(c) Time that the debt has been outstanding;
(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;
(c) If you and the utility cannot agree on terms, you may ask
the commission to review the disputed issues;
(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 ser-

PSC 185.39

vice 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.

PSC 185.39 Dispute procedures. (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;
(c) Attempt to resolve the dispute;
(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

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.39

WISCONSIN ADMINISTRATIVE CODE

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

236

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
PSC 185.41 Employees authorized to enter a customer’s premises. 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.

PSC 185.42 Customer complaints. 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.

PSC 185.43 Construction records. (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.

PSC 185.44 Records and reports of service interruptions. (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.

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
237

PUBLIC SERVICE COMMISSION

(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.

PSC 185.45 Pumpage records. 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.

PSC
185.46 Metering
equipment
records.
(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:
1. Identification of the meter.
2. The service address at which the meter is installed.
3. The date of the test.
4. A statement of “as found” accuracies.
5. A statement of “as left” accuracies, when applicable.
6. 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:
1. The date the meter was placed into service.
2. The information in all of the meter’s test records under
sub. (1).
3. 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.

PSC 185.65

(c) Networked systems. Where practical the distribution system shall be laid out to maximize service reliability.
(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.

PSC 185.53 Metering configuration. (1) MASTER
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.
METERING.

History: Cr. Register, January, 1997, No. 493, eff. 2−1−97.

PSC 185.47 Other records. 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
PSC 185.51 Requirement for good engineering
practice. 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.

PSC 185.52 General construction requirements.
(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.)

Subchapter VI — Customer Meters, Accuracy
Requirements
PSC 185.61 Meters. (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. Flow
meters, including magnetic and ultrasonic meters, may be used
for customer metering only with the specific approval of the
commission.
(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.

PSC 185.65 Accuracy requirements for meters.
(1) The test flow limits for positive displacement, compound,
and turbine meters shall be as follows:

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.65

Meter Size
(inches)

Minimum Test
Flow
(g.p.m.)

Normal test flow
limits
(g.p.m.)

5/8
3/4
1
1 1/2
2

1/4
1/2
3/4
1 1/2
2

1−20
2−30
3−50
5−100
8−160

Compound Meters
1/2
1
1 1/2
3
4
8
14
Turbine Meters*
10
15
20
30
50
75
100
150

2
3
4
6
8
10
12
2
3
4
6
8
10
12
16

Size

in.

WISCONSIN ADMINISTRATIVE CODE

Rate
of
Flow
gpm

5/8

3/4

11/2

120

238

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.

2−160
4−320
6−500
10−1,000
16−1,600
32−2,300
32−3,100
16−160
24−350
40−600
80−1400
144−2,500
224−3,800
320−5,800
400−11,500

Summary of Test Conditions and Accuracy Requirements for Positive Displacement Meters
Maximum Rate
Intermediate Rate
Minimum Rate
Test
Accuracy
Rate
Test
Accuracy
Rate
Test
Accuracy
Limits
of
Limits
of
Quantity
Quantity
Quantity*
Limits
Flow
Flow
Percent
Gal.
Cu.
Percent
gpm
Gal.
Cu.
Percent
gpm
Gal.
Cu.
New
Repaired
Ft.
Ft.
Ft.
Meters
Meters
100
10
98.5−
2
10
1
98.5−
1/4
10
1
95−
90−
101.5
101.5
101.5
101.5
100
10
98.5−
3
10
1
98.5−
1/2
10
1
95−
90−
101.5
101.5
101.5
101.5
100
10
98.5−
4
10
1
98.5−
3/4
10
1
95−
90−
101.5
101.5
101.5
101.5
1.000
100
98.5−
8
100
10
98.5−
11/2
100
10
95−
90−
101.5
101.5
101.5
101.5
1.000
100
98.5−
15
100
10
98.5−
2
100
10
95−
90−
101.5
101.5
101.5
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

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.

PSC 185.71 Meter testing facilities and equipment.
(1) Each utility furnishing metered water service shall own or
provide, through contract or otherwise, adequate equipment and

PSC 185.72 Calibration of meter testing equipment. (1) Volumetric standards shall be accompanied by a

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
238−1

PUBLIC SERVICE COMMISSION

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.

PSC 185.73 Testing of customer meters. (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.

PSC 185.74 Test flows. (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.

PSC 185.75 Required tests of customer meters.
Meters shall be tested by the utility at the following times:

PSC 185.76

(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.

PSC 185.751 Alternate sample−testing plan for
“before−use” test for 5/8−, 3/4−, and 1−inch meters.
(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.

PSC 185.76 Periodic tests. (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:
METER TEST INTERVALS
Test Interval
Meter size
(yr.)
(in.)
5/8, 3/4, 1
10
1 1/2 and 2
4
3 and 4
2
6 and over
1
(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

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.76

WISCONSIN ADMINISTRATIVE CODE

238−2

meter replacement program that results in each meter being
replaced within 20 years of the original date of installation.

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 01−033: cr. (6),
Register October 2001 No. 550, eff. 11−1−01.

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.

PSC 185.761 Alternative sample−testing plan for
in−use meters. (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.

PSC 185.77 Request and referee tests. (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

PSC 185.79 Remote outside meter (ROM) and
automatic meter reading (AMR) system tests. (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.

PSC 185.795 Electrical safety. 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
PSC 185.81 Quality of water. (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.

PSC 185.82 Pressure standards. (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.

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
238−3

PUBLIC SERVICE COMMISSION

PSC 185.83 Station meters. (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.

PSC 185.85 Water audits and water loss control.
(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.

PSC 185.85

(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 fol-

lowing:
(a) Meter all water uses and sales, where practicable.
(b) Maintain and verify the accuracy of customer meters.
(c) Maintain and verify the accuracy of station 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:
1. Water purchased or pumped from all sources.
2. Water used in treatment or production processes.
3. Water entering the distribution system.
4. Water sold, including both metered and unmetered sales.
5. Water not sold but used for utility−authorized purposes,
including flushing mains, fire protection, freeze prevention, and
other authorized system uses.
6. Water loss.
7. Unknown or unaccounted−for water.
(c) The components of a water audit are shown in Table 1.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.85

WISCONSIN ADMINISTRATIVE CODE

238−4

Table 1. Water Audit Components

Billed Metered Consumption

Authorized

Billed

(including water exported, wholesale

Authorized

sales)
Billed Unmetered Consumption

Consumption

Revenue

Water
(Bulk water sales, utility uses)
Unbilled Metered Consumption

Consumption
Unbilled
Authorized

Unbilled Unmetered
Consumption

Consumption
System Input

Unauthorized Consumption

Volume

(Theft, uncontrolled hydrants,

(Finished Water
Apparent Loss

etc.)
Metering Inaccuracies

+ Purchased

Non−
revenue

(Customer, station meters)

Water)

Data Handling Errors

Water

Water
Losses

Leakage on Transmission and
Distribution Mains
Leakage and Overflows at Utility’s
Real Losses

Storage Tanks
Leakage on Service
Connections

(Up to point of customer meter)
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
238−5

PUBLIC SERVICE COMMISSION

(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:
1. A percentage of non−revenue water that exceeds 30 percent.
2. 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.
(c) A water loss control plan under par. (b) shall include all
of the following:
1. The reasons for the excessive non−revenue water or water
loss.
2. A description of the measures that the utility plans to
undertake to reduce water loss to acceptable levels within a reasonable time period.
3. 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.
4. 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.

PSC 185.86 Flushing mains. (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.

PSC 185.88 Frozen laterals. (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:
1. It is the first thaw for the customer at the location and;
2. 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;

PSC 185.90

(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.

PSC 185.89 Adequacy of Water Supply, Emergency Operations and Interruptions of Service.
(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.

PSC 185.90 Water Supply Shortage. (1) DECLARAA 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.
TION.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
PSC 185.90

WISCONSIN ADMINISTRATIVE CODE

(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
PSC 185.95 Definitions. 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.

PSC 185.96 Customer Education Requirements.
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.

PSC 185.97 Voluntary Water Conservation Rebate
or Incentive Programs. (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.
(c) Annual and multi−year performance targets that are consistent with commission goals and policies.
(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.

238−6

(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:
1. Whether the program is in the public interest.
2. The likelihood the public utility will achieve its program
goals.
3. The inclusion of appropriate water conservation measures.
4. The adequacy of the proposed budget.
5. The net cost effectiveness of the program.
6. The adequacy of the public utility’s evaluation, measurement, and verification plan.
7. 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.
(c) The program balance or deficit at the end of the year.
(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.

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page
is the date the chapter was last published.

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