PSC 2.04 PSC 2.04Role of administrative law judge.
PSC 2.04(1) (1)Powers generally. Except as otherwise provided, the administrative law judge assigned in a docket shall perform all of the activities identified in s. 227.46 (1) (a) to (g) and (i), Stats., and shall make all of the decisions in the docket.
PSC 2.04(2) (2)Powers reserved to the commission. Only the commission may do the following:
PSC 2.04(2)(a) (a) Decide motions for interlocutory review, under s. PSC 2.27.
PSC 2.04(2)(b) (b) Decide requests to reopen dockets, under s. PSC 2.28.
PSC 2.04(2)(c) (c) Make findings of fact, conclusions of law and final decisions.
PSC 2.04(2)(d) (d) Informally dispose of a proceeding, in accordance with s. 227.44 (5), Stats.
PSC 2.04 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.05 PSC 2.05Computation of time and time limits.
PSC 2.05(1)(1)Definition. In this section, “holiday" has the meaning given in s. 230.35 (4) (a), Stats.
PSC 2.05(2) (2)Computation of time. In computing any period of time, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day the commission is closed, in which case it shall be the next day the commission is open. When a period of time prescribed or allowed is less than 11 days, Saturdays, Sundays, and holidays shall be excluded in the computation.
PSC 2.05(3) (3)Enlargement of time.
PSC 2.05(3)(a)(a) When an act is required by law or by order to be done at or within a specified time, the period of time may be enlarged, but only for good cause shown and upon just terms. Requests shall be made within a reasonable time prior to the expiration of the period in question. Requests made after the expiration of the period in question shall not be granted unless the failure to act was the result of excusable neglect.
PSC 2.05(3)(b) (b) In a proceeding, a motion to enlarge the time for service or filing is governed by s. PSC 2.23 (3).
PSC 2.05(3)(c) (c) Only the commission may modify a time period established by the commission, except that the chairperson of the commission may enlarge any period of time established by the commission for up to 3 working days.
PSC 2.05(4) (4)Service by mail. Whenever a person is authorized or required to do some act within a prescribed period after the service of any paper upon the person and the paper is served upon the person by mail, 3 days shall be added to the prescribed period.
PSC 2.05 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.06 PSC 2.06Filing and service.
PSC 2.06(1) (1)Filing. A person shall file any paper authorized or required to be filed by this chapter with the records management unit of the commission between the hours of 7:45 a.m. and 4:00 p.m. on a working day. Papers are not considered filed until they are date and time stamped by the records management unit. Persons may file in person or by mail. In addition, persons may file submissions of no greater than 25 pages by facsimile.
PSC 2.06(2) (2)Copies. Unless otherwise permitted, a person shall file the original and 20 copies of all papers filed with the commission, except that the records management unit will duplicate, at the expense of the filer, any paper filed by facsimile.
PSC 2.06(3) (3)Service.
PSC 2.06(3)(a)1.1. In a proceeding, parties shall serve upon all other parties, a copy of any paper filed with the commission. In dockets where the commission has ordered or requested written comments, persons filing comments shall serve copies upon the person who filed the request to open the docket.
PSC 2.06(3)(a)2. 2. The filing of any paper required to be served constitutes a certification by the person making the filing that a copy of such paper has been served.
PSC 2.06(3)(b) (b) Service shall be made by delivering or mailing a copy. Delivery means handing it to the person; transmitting a copy of the paper by facsimile machine to the person's office; or leaving it at the person's office with a clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place at the office; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing at that location. Service by mail is complete upon mailing. Service by facsimile is complete upon transmission.
PSC 2.06(3)(c) (c) A person may not serve submissions of greater than 25 pages by facsimile. A person shall serve a paper copy of any paper served or filed by facsimile within 2 days of transmission.
PSC 2.06(4) (4)Improper service or filing. The commission or the administrative law judge may choose not to consider any paper not properly served or filed.
PSC 2.06(5) (5)Electronic service or filing. The commission may authorize and establish procedures for electronic filing. Parties may stipulate to accept service of any document electronically, in lieu of service by another method approved in this section. Electronic service is complete upon transmission.
PSC 2.06 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.07 PSC 2.07Requests to open dockets.
PSC 2.07(1) (1)How requested. The commission may open a docket at the written request of any person or on its own motion. A request to open a docket shall be in the form of an application or a complaint, whichever is specified in the statutes or rules for a particular matter, or, where neither an application nor a complaint is specified, in the form of a petition.
PSC 2.07(2) (2)Request requirements. A request to open a docket shall contain all of the following:
PSC 2.07(2)(a) (a) A statement of the issues presented.
PSC 2.07(2)(b) (b) A statement of the facts necessary to an understanding of the issues.
PSC 2.07(2)(c) (c) A statement of the reasons why the commission should open the docket, and the remedy which the person is seeking in the docket.
PSC 2.07(3) (3)Service requirement. If a request to open a docket alleges a violation by any named person of any statute, rule, or order enforced by the commission, the person filing the request shall serve a copy of the request upon the person named, in the manner provided in s. 801.11, Stats., for service of a summons.
PSC 2.07(4) (4)Responses. Any person may file a response to the request within 20 days of the date of service of the request. A person filing a response shall serve the response upon the person making the request.
PSC 2.07(5) (5)Determinations. Within 60 days from the date of receipt of a request to open a docket, a petition for rules, or a petition for a declaratory ruling, the commission shall either deny the request or petition, or open a docket. If the request or petition is denied, the commission shall promptly notify the person making the request or filing the petition of its decision, including a brief statement of the reasons for its decision.
PSC 2.07 Note Note: The terms “complaint" and “application" are used in the statutes and other chapters of the administrative code. A person is expected to file a “petition" whenever neither a complaint nor an application is mentioned in the statute or rule authorizing the docket.
PSC 2.07 Note It is not necessary to file a request to open a docket in order to seek information or assistance from the staff or in order to bring any matter to the commission's attention. As provided in s. PSC 2.07, a person may request or the commission on its own motion may open an investigation, a proceeding, or another docket. The commission may decide to open a docket based upon information acquired from informal contacts with the commission.
PSC 2.07 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.08 PSC 2.08Informal complaints.
PSC 2.08(1) (1) Informal complaints may be made in writing addressed to the commission. Letters may be considered as informal complaints. Matters presented in this manner are handled by correspondence or other informal investigation or by a formal investigation instituted by the commission upon its own motion.
PSC 2.08(2) (2) Complaints with respect to public utility rates, practices, or service made by less than 25 persons (see s. 196.26, Stats.) will be treated as informal complaints. The commission may open a docket in these matters upon its own motion.
PSC 2.08 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.09 PSC 2.09Notices.
PSC 2.09(1) (1)How issued. A docket is opened when the commission issues a notice of investigation, a notice of proceeding, or such other notice sufficient to identify the basis and nature of the docket. A notice is issued when the secretary of the commission signs it.
PSC 2.09(2) (2)Proceedings.
PSC 2.09(2)(a)(a) A notice of proceeding shall state all of the following:
PSC 2.09(2)(a)1. 1. Whether the proceeding is being initiated on the commission's own motion or upon request.
PSC 2.09(2)(a)2. 2. The purpose of the proceeding.
PSC 2.09(2)(a)3. 3. The legal basis for the proceeding.
PSC 2.09(2)(a)4. 4. The names of the parties.
PSC 2.09(2)(a)5. 5. Whether the proceeding is a contested case and, if so, what class of contested case or, if the proceeding is not a contested case, what procedures will govern the proceeding.
PSC 2.09(2)(b) (b) A notice of proceeding may contain any of the following:
PSC 2.09(2)(b)1. 1. A statement of the issues for decision.
PSC 2.09(2)(b)2. 2. A date for a prehearing conference or hearing.
PSC 2.09(2)(b)3. 3. A notice of assessment pursuant to s. PSC 5.09.
PSC 2.09(2)(b)4. 4. Any other information pertinent to the proceeding.
PSC 2.09(2)(d) (d) If a notice of proceeding schedules a contested case hearing, the notice shall comply with ss. 227.44 (1) and (2), Stats.
PSC 2.09(3) (3)Investigations.
PSC 2.09(3)(a)(a) A notice of investigation shall state the matter to be investigated and the legal basis for the investigation.
PSC 2.09(3)(b) (b) A notice of investigation may contain any of the following:
PSC 2.09(3)(b)1. 1. An order or request for comments.
PSC 2.09(3)(b)2. 2. An order for a public hearing.
PSC 2.09(3)(b)3. 3. A notice of assessment pursuant to s. PSC 5.09.
PSC 2.09(3)(b)4. 4. Any other information pertinent to the investigation.
PSC 2.09(4) (4)Other dockets. In dockets other than proceedings or investigations, the commission's notice may include any information pertinent to the docket.
PSC 2.09 Note Note: Commission dockets are usually either proceedings or investigations. Rules provide for an “other dockets" category to cover the possibility that a matter will not properly constitute either a proceeding or investigation.
PSC 2.09 Note The issuance of a notice initiates a docket. In a proceeding, a notice of proceeding will contain the name or names of the parties. Usually, there will be only one party named in the notice, the person who requested the commission to conduct the proceeding. Other persons desiring to become parties will file requests to intervene, pursuant to s. PSC 2.21.
PSC 2.09 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.10 PSC 2.10Application for rate increase; notice to customers.
PSC 2.10(1)(1)Notice of application for rate increase.
PSC 2.10(1)(a)(a) When a public utility applies for a general revision of rates, which, if authorized, would result in a rate increase, the public utility shall inform each affected customer of the filing of the application and the general nature and effect of the filing.
PSC 2.10(1)(b) (b) The public utility shall provide the notice under par. (a) by means of a bill insert over one complete billing cycle, using its standard bill insert and mailing procedures, containing the following information: the amount of the request, the reasons for the request, the dates of any hearings or prehearing conferences already established in the docket and how the customer can contact the commission to learn of any scheduling changes or additions, and the effect on the average customer if the request were to be granted.
PSC 2.10(1)(c) (c) If customer bills are not issued monthly, the utility shall furnish the information to customers by a special mailing or by means of a display advertisement in a newspaper having general circulation in the utility's service area.
PSC 2.10(2) (2)Municipality exception.
PSC 2.10(2)(a)(a) Notwithstanding sub. (1) (b), a municipal utility serving fewer than 1,000 customers may elect to post notice of the information in sub. (1) (a), if the notice is posted in at least 3 public places at locations and in a manner likely to give notice to customers affected.
PSC 2.10(3) (3)Proof of notice. The utility shall file proof of compliance with this section no later than 3 days prior to the first hearing in the proceeding.
PSC 2.10 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.11 PSC 2.11Abandonment or discontinuance of service. No public utility may abandon facilities or discontinue service without commission authorization made after a public hearing. The commission need not hold a public hearing if the application is accompanied by all of the following:
PSC 2.11(1) (1) A map indicating the location of the facilities to be abandoned or the facilities from which service is to be discontinued, as well as the location of all actual or potential customers affected by the proposed action.
PSC 2.11(2) (2) A statement that all actual or potential consumers have either consented to or waived objection to abandonment or discontinuance.
PSC 2.11 History History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
PSC 2.12 PSC 2.12Confidential handling.
PSC 2.12(1) (1)Applicability.
PSC 2.12(1)(a)(a) In this section, “record" has the meaning given in s. 19.32 (2), Stats.
PSC 2.12(1)(b) (b) This section applies to requests for confidential handling of records filed with the commission.
PSC 2.12(2) (2)Responsibility for establishing confidentiality. The burden of establishing the need for confidential handling of any record shall be on the person making the request.
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.