Section 113.0203. Protection of utility facilities.

  A public utility upon receiving notice as provided in s. 66.0831 or 182.0175 (2m) (b) , Stats., of work which may affect its facilities used for serving the public shall:

(1)  If the notice is of work covered by s. 66.0831 , Stats., investigate and decide what action, if any, must reasonably be taken to protect or alter utility facilities in order to protect service to the public and to avoid unnecessary damage. The utility shall take such action as is reasonably necessary to protect, remove, alter, or reconstruct its facilities and shall perform such work with reasonable dispatch taking into account the conditions to be met. Nothing in this rule shall be deemed to affect any right which the utility may have to require advance payment or adequate assurance of payment of the reasonable cost thereof to the utility by the property owner or contractor.

(2)  If the notice is of work covered by s. 182.0175 (2m) (b) , Stats., and is not covered by s. 66.0831 , Stats., the utility shall respond as required by s. 182.0175 (2m) (b) , Stats.

(3)  The utility may, in order to protect its interests, require that the owner or contractor perform certain work upon that part of the service piping or wiring on or being removed from the property upon which the excavating, building, or wrecking operations are being performed.

(4)  This rule is not intended to affect the responsibility of the contractor or owner, or the liability or legal rights of any party.

Cr. Register, July, 2000, No. 535 , eff. 8-1-00; corrections in (intro.) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2002 No. 564 .