PSC 113.0507PSC 113.0507Unconscionability.
PSC 113.0507(1)(1)If the commission finds that any conduct or aspect of a transaction directed against a customer by a utility is unconscionable, it may refuse to enforce any unconscionable aspect or conduct to avoid any unconscionable result.
PSC 113.0507(2)(2)Without limiting the scope of sub. (1), the commission may consider, among other things, the following as pertinent to the issue of unconscionability:
PSC 113.0507(2)(a)(a) That the practice unfairly takes advantage of the lack of knowledge, ability, experience or capacity of customers.
PSC 113.0507(2)(b)(b) That those engaging in the practice know of the inability of customers to receive benefits properly anticipated from the goods or services involved.
PSC 113.0507(2)(c)(c) That there exists a gross disparity between the price of goods or services and their value as measured by the price at which similar goods or services are readily obtainable by other customers, or by other tests of true value.
PSC 113.0507(2)(d)(d) That the practice may enable merchants to take advantage of the inability of customers to reasonably protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education or similar factors.
PSC 113.0507(2)(e)(e) That the terms of the transaction require customers to waive legal rights.
PSC 113.0507(2)(f)(f) That the terms of the transaction require customers to unreasonably jeopardize money or property beyond the money or property immediately at issue in the transaction.
PSC 113.0507(2)(g)(g) That the natural effect of the practice would reasonably cause or aid in causing customers to misunderstand the true nature of the transaction or their rights and duties thereunder.
PSC 113.0507(2)(h)(h) That the writing purporting to evidence the obligation of the customer in the transaction contains terms or provisions or authorizes practices prohibited by law.
PSC 113.0507 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0508PSC 113.0508Oppressive and deceptive practices prohibited. A utility shall not engage in any oppressive or deceptive practices. It shall not do any of the following:
PSC 113.0508(1)(1)Use or threaten force or violence to cause physical harm to the person, dependents, or property of the ratepayer.
PSC 113.0508(2)(2)Threaten criminal prosecution without merit or authority.
PSC 113.0508(3)(3)Initiate or threaten to initiate communications with the ratepayer’s employer except as permitted by statute.
PSC 113.0508(4)(4)Engage in any conduct which can reasonably be expected to threaten or harass a ratepayer.
PSC 113.0508(5)(5)Claim or attempt to claim to enforce a right, with knowledge or reason to know that the right does not exist.
PSC 113.0508(6)(6)Use obscene, threatening, or abusive language in communicating with a ratepayer or a person related to a ratepayer.
PSC 113.0508 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0509PSC 113.0509Landowner easements.
PSC 113.0509(1)(1)When approaching a landowner in the course of negotiating new easements or renegotiating existing easements, the utility shall provide the landowner with materials approved or prepared by the commission describing the landowner’s rights and options in the easement negotiation process. The landowner shall have, unless voluntarily waived by the landowner, a minimum period of five days to examine these materials before signing any new or revised easement agreement.
PSC 113.0509(2)(2)High-voltage transmission line easements shall describe the interest transferred by specifying, in addition to the length and width of the right-of-way, the number, type and maximum height of all structures to be erected thereon, the minimum height of the transmission lines above the landscape and the number and maximum voltage of the lines to be constructed and operated thereon, as required by s. 182.017 (7), Stats.
PSC 113.0509 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0510PSC 113.0510Tree trimming contacts. When trimming trees and other vegetation in electric line right-of-way maintenance, the utility shall make a reasonable attempt to contact the landowner a minimum of twenty-four hours prior to beginning of work on the landowner’s property. This contact may take the form of a written notice delivered to the landowner’s residence, a telephone call to the landowner, or an in-person contact. Reasonable effort shall be made by the utility to accommodate a landowner’s desire to be present when work is done on his or her property. Emergency repairs are exempted from this notification requirement.
PSC 113.0510 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0511PSC 113.0511Oak tree cutting and pruning.
PSC 113.0511(1)(1)In urban/residential areas: From April 15 through July 1 of each year, no pruning or cutting of oak trees is permitted except in emergencies. Herbicide treatment of stumps to prevent sprouting may substitute for the painting of stumps. If a tree is dead at the time of cutting, no treatment is necessary.
PSC 113.0511(2)(2)An urban/residential site is any site within incorporated village or city boundaries or any site in direct association with permanent or seasonal residences and dwellings. Residential sites include developed lawn areas and other intensively landscaped areas such as business and industrial properties, parks and golf courses. Residential sites include areas where the vegetation is intensively managed and typically involve yard and street trees of high landscape and ornamental value.