Section 136.05. Nonessential uses of natural gas.

 

(1)  A utility or other person shall not install, connect, or cause to be installed or connected to the distribution system any device which constitutes a nonessential use of natural gas, in accordance with sub. (3) , unless such device has been received by any person prior to the effective date of this rule, including item inventories held by retailers and wholesalers.

(2)  For purposes of determining a nonessential use of natural gas, the public service commission shall consider the following criteria:

(a) Necessity of use;

(b) Availability and reasonableness of alternative fuel to provide a substitute service;

(c) Public health, safety and unusual hardship factors; and

(d) Compatibility of natural gas use with energy policy.

(3)  In accordance with the preceding criteria, the use of natural gas in the following devices or for the following purposes is considered to be nonessential:

(a) Gas lights;

(b) Snowmelting equipment;

(c) Residential swimming pool heaters, unless provided with a passive solar blanket which covers the entire surface of the pool or an active solar system which uses a solar collector with a surface area of at least 50% of the pool's surface area; and

(d) Heating areas containing swimming pools, porches, workshops, garages or other areas of marginal or seasonal use unless insulated to energy conservation standards as specified in chs. SPS 322 and 363 .

(4)  The rule designating a nonessential use of natural gas may be modified or waived by the commission for reasons of health, safety or unusual hardship.

History: Cr. Register, February, 1980, No. 290 , eff. 3-1-80; am. (3) (c), Register, January, 1982, No. 313 , eff. 2-1-82; am. (3) (c), r. (3) (d), renum. (3) (e) to be (3) (d), Register, March, 1982, No. 315 , eff. 4-1-82; correction in (3) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, December 2003, No. 576 ; correction in (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674 .

Note

This section is unenforceable due to the repeal of s. 196.97, Stats., by 2011 Wis. Act 154 and will be repealed. Microsoft Windows NT 6.1.7601 Service Pack 1