Amendment SSA1-SB614

SB614-SSA1,20,18 (2) If a public utility or a regulated district fails to file a report with the commission containing its balance sheet and other information prescribed by the commission by the date the report is due under sub. (1), the commission may prepare the report from the records of the public utility or regulated district. All expenses of the commission in preparing the report, plus a penalty equal to 50% of the amount of the expenses, shall be assessed against and collected from the public utility or regulated district under s. 196.85. The amount of the charge to a public utility or regulated district shall not be limited by s. 196.85 (1) and shall be in addition to any other charges assessable under s. 196.85. The penalty provision of the charge shall be credited to the general fund under s. 20.906.

SB614-SSA1, s. 56 Section 56. 196.09 (1) of the statutes is amended to read:

SB614-SSA1,21,5 196.09 (1) In this section, "public utility" does not include a telecommunications cooperative except as provided under s. 196.205. In subs. (2) to (7), "public utility" does not include a telecommunications utility. Subsection (9) only applies to a telecommunications utility. Every public utility and every regulated district shall file with the commission, within such time as may be required by the commission, its estimate of the annual rate of depreciation required for each of its classes of fixed capital used for public utility or regulated district purposes, and of the composite annual rate of depreciation required for such fixed capital as an aggregate, which shall constitute the public utility's or regulated district's estimates of the amount which should be returned to it out of its rates for service, to meet the depreciation of its property.

SB614-SSA1, s. 57 Section 57. 196.09 (2) of the statutes is amended to read:

SB614-SSA1,21,17 196.09 (2) After the submission of the estimates under sub. (1), the commission shall review the estimates. If the commission determines that the estimates submitted are reasonable and proper, it shall certify its determination to the public utility or regulated district. If the commission determines that the estimates submitted are not reasonable and proper, it shall certify to the public utility or regulated district the percentages which it considers reasonable and proper. If the fixed capital accounts of the public utility or regulated district are not subdivided to permit the rates for the various classes of fixed capital used for public utility or regulated district purposes to be applied, the estimates submitted by the public utility or the regulated district and the percentages determined by the commission may be based upon the aggregate of such fixed capital.

SB614-SSA1, s. 58 Section 58. 196.09 (3) of the statutes is amended to read:

SB614-SSA1,22,2 196.09 (3) After the commission certifies to the public utility or regulated district its findings as to the percentages required for depreciation under sub. (2), the public utility or regulated district shall have 30 days within which to make application to the commission for a hearing and order. If the public utility or regulated district does not make application to the commission for a hearing and order within the time set, the commission's certification of findings shall have the effect of an order and the public utility or regulated district shall have the right of appeal from the certification as provided in this chapter.

SB614-SSA1, s. 59 Section 59. 196.09 (4) of the statutes is amended to read:

SB614-SSA1,22,11 196.09 (4) The commission may provide, in order to meet changing conditions, that a public utility or regulated district submit from time to time the estimate required under sub. (1). If it requires such resubmission of estimates, the commission shall follow the procedure for certifying its findings under sub. (2). In revising the reasonable and proper percentages of depreciation, the commission shall give consideration to the experience of the public utility or regulated district in accumulating a depreciation reserve under previous rates, any retirements actually made and any other relevant factor.

SB614-SSA1, s. 60 Section 60. 196.09 (5) of the statutes is amended to read:

SB614-SSA1,22,20 196.09 (5) If the commission establishes, by certification or order, the reasonable and proper percentages of depreciation, the percentages shall constitute the percentages to be used in any proceeding involving the rates or practices of the public utility or regulated district, except that if at the time of such proceeding the commission finds that the percentages of depreciation previously established are no longer reasonable and proper, the commission shall establish reasonable and proper percentages for the purpose of such proceeding and certify the new percentages under this section.

SB614-SSA1, s. 61 Section 61. 196.09 (6) (a) of the statutes is amended to read:

SB614-SSA1,23,6 196.09 (6) (a) If the commission establishes for any public utility or regulated district, by certification or order, the percentages necessary for depreciation on fixed capital used for public utility or regulated district purposes, the public utility or regulated district shall credit to its depreciation reserve in each accounting period the amount required to provide for depreciation at the percentage established. If the public utility is a corporation, the corporation may not pay any dividend out of earnings for any fiscal period subsequent to the commission's certification or order, or carry any portion of its earnings to its surplus account, except out of earnings remaining after crediting its depreciation reserve in accordance with the rates established by the commission, except as provided under par. (b).

SB614-SSA1, s. 62 Section 62. 196.09 (6) (b) of the statutes is amended to read:

SB614-SSA1,23,13 196.09 (6) (b) After application and hearing the commission, upon a finding that it is necessary in the public interest, may exempt a public utility or regulated district from the duty of crediting to the depreciation reserve in any accounting period a greater amount than is possible without impairing its ability to pay dividends for the current calendar year. Nothing in this section shall be construed to modify the requirements of ss. 180.0623 and 180.0640.

SB614-SSA1, s. 63 Section 63. 196.09 (7) (intro.) of the statutes is amended to read:

SB614-SSA1,23,23 196.09 (7) (intro.) If a public utility or regulated district desires to account for depreciation on a sinking fund basis and the commission determines that such basis of accounting for depreciation reasonably may be employed, the commission shall establish, under sub. (2), the composite rate to be applied to the aggregate fixed capital used for public utility or regulated district purposes to determine the amount which shall be charged to operating expenses, and the interest rate applicable to the reserve balance at which additional credits to the reserve shall be computed. If a public utility or regulated district accounts for depreciation on a sinking fund basis, the public utility or regulated district shall:

SB614-SSA1, s. 64 Section 64. 196.09 (7) (b) of the statutes is amended to read:

SB614-SSA1,24,4 196.09 (7) (b) Be subject to the same restrictions and regulations in its accounting for the entire amount to be credited to the depreciation reserve as are applicable to other public utilities which account for depreciation by other methods under this section.

SB614-SSA1, s. 65 Section 65. 196.09 (8) of the statutes is amended to read:

SB614-SSA1,24,7 196.09 (8) No public utility or regulated district may charge to its depreciation reserve anything except losses on property actually retired from service.

SB614-SSA1, s. 66 Section 66. 196.10 of the statutes is amended to read:

SB614-SSA1,24,13 196.10 Construction; accounting. The commission shall keep itself informed of all new construction, extensions and additions to the property of public utilities and regulated districts, and shall prescribe the necessary forms, regulations and instructions for the keeping of construction accounts, which shall clearly distinguish all operating expenses from new construction.

SB614-SSA1, s. 67 Section 67. 196.11 (1) of the statutes is amended to read:

SB614-SSA1,24,18 196.11 (1) A public utility or a regulated district may enter into any reasonable arrangement with its consumers or employes, for the division or distribution of its surplus profits, or providing for a sliding scale of charges, or other financial device if the arrangement is meets all of the following conditions:

SB614-SSA1,24,20 (a) Practicable The arrangement is practicable and advantageous to the parties interested; and.

SB614-SSA1,24,24 (b) Entered The arrangement is entered into by a public utility other than a telecommunications utility or by a regulated district and the arrangement is found by the commission to be reasonable and just and consistent with the purposes of this chapter.

SB614-SSA1, s. 68 Section 68. 196.12 (title) of the statutes is amended to read:

SB614-SSA1,25,1 196.12 (title) Report by public utilities and regulated districts; items.

SB614-SSA1, s. 69 Section 69. 196.12 (1) (intro.) of the statutes is amended to read:

SB614-SSA1,25,5 196.12 (1) (intro.) Each public utility and each regulated district shall furnish to the commission, in the form and at the time the commission requires, accounts, reports or other information which shows in itemized detail:

SB614-SSA1, s. 70 Section 70. 196.13 of the statutes is amended to read:

SB614-SSA1,25,10 196.13 Commission's report. (1) The commission shall publish biennial reports showing its proceedings together with any financial or other data which concerns and is appropriate for all public utilities or all regulated districts and may publish any other report related to public utilities or regulated districts.

SB614-SSA1,25,16 (2) The commission shall publish in its reports the value of all the property actually used and useful for the convenience of the public of a regulated district or a public utility, other than a telecommunications utility, if the commission has held a hearing on the regulated district's or public utility's rates, charges, service or regulations or if the commission has otherwise determined the value of the regulated district's or public utility's property.

SB614-SSA1, s. 71 Section 71. 196.14 of the statutes is amended to read:

SB614-SSA1,25,20 196.14 Public record exception. The commission may withhold from public inspection any information which would aid a competitor of a public utility or a regulated district in competition with the public utility or regulated district.

SB614-SSA1, s. 72 Section 72. 196.15 of the statutes is amended to read:

SB614-SSA1,25,25 196.15 Units of product or service. The commission shall prescribe for regulated districts and for each kind of public utility, other than a telecommunications utility, suitable and convenient standard commercial units of product or service.

SB614-SSA1, s. 73 Section 73. 196.16 (1) of the statutes is amended to read:

SB614-SSA1,26,6 196.16 (1) The commission shall fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by a public utility or regulated district. The commission shall prescribe reasonable regulations for measurement, examination and testing of the product or service.

SB614-SSA1, s. 74 Section 74. 196.16 (2) of the statutes is amended to read:

SB614-SSA1,26,10 196.16 (2) The commission shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement of public utility or regulated district service.

SB614-SSA1, s. 75 Section 75. 196.17 (1) of the statutes is amended to read:

SB614-SSA1,26,14 196.17 (1) The commission shall provide for the examination and testing of every appliance used for measuring any product or service of a public utility or regulated district.

SB614-SSA1, s. 76 Section 76. 196.171 (1) of the statutes is amended to read:

SB614-SSA1,26,23 196.171 (1) Any officer or agent of any public utility or regulated district furnishing or transmitting sewerage service, water, gas or electric current to the public or for public purposes may enter, at any reasonable time, any place supplied with the sewerage service, gas, electricity or water by the public utility or regulated district, for the purpose of inspecting, examining, repairing, installing or removing the meters, pipes, fittings, wires and works for supplying or regulating the supply of sewerage service, gas, electricity or water and for the purpose of ascertaining the quantity of sewerage service, gas, electricity or water supplied.

SB614-SSA1, s. 77 Section 77. 196.171 (2) of the statutes is amended to read:

SB614-SSA1,27,3 196.171 (2) No officer or agent of a public utility or regulated district may enter any premises under this section unless the officer or agent meets all of the following conditions:

SB614-SSA1,27,5 (a) Was The officer or agent is duly appointed by the public utility or regulated district for the purpose of acting under this section.

SB614-SSA1,27,11 (b) Exhibits The officer or agent exhibits written authority signed by the president, by a vice president and secretary, or by a vice president and assistant secretary of the public utility or regulated district. The authority of any officer or agent of a municipally owned public utility or regulated district shall be signed by the commissioner of public works or by any other official in charge of the public utility or regulated district.

SB614-SSA1, s. 78 Section 78. 196.18 of the statutes is amended to read:

SB614-SSA1,27,17 196.18 Entry upon premises. The commission, its agents, experts or examiners may enter any premises occupied by a public utility or a regulated district to make any examination or test under this chapter and may set up and use on the premises any apparatus or appliance and occupy reasonable space for the examination or test.

SB614-SSA1, s. 79 Section 79. 196.19 (1) of the statutes is amended to read:

SB614-SSA1,27,24 196.19 (1) Each public utility and each regulated district shall file with the commission schedules showing all rates, tolls and charges which it has established and which are in force at the time for any service performed by it within the state, or for any service in connection therewith or performed by any public utility or regulated district controlled or operated by it. The rates, tolls and charges shown on such schedules may not be changed except as provided under this chapter.

SB614-SSA1, s. 80 Section 80. 196.19 (2) of the statutes is amended to read:

SB614-SSA1,28,7 196.19 (2) Every public utility and every regulated district shall file with and as a part of such schedule all rules and regulations that, in the judgment of the commission, in any manner affect the service or product, or the rates charged or to be charged for any service or product, as well as any contracts, agreements or arrangements relating to the service or product or the rates to be charged for any service or product to which the schedule is applicable as the commission may by general or special order direct.

SB614-SSA1, s. 81 Section 81. 196.19 (3) of the statutes is amended to read:

SB614-SSA1,28,13 196.19 (3) A copy of as much of the schedules filed under sub. (1) as the commission determines necessary for the use of the public shall be printed in plain type, and kept on file in every public utility or regulated district station or office where payments are made by consumers in a form and place readily accessible to the public.

SB614-SSA1, s. 82 Section 82. 196.19 (4) of the statutes is amended to read:

SB614-SSA1,28,19 196.19 (4) If a schedule of joint rates or charges is in force between public utilities or regulated districts, the schedule shall be printed and filed with the commission under sub. (1). The commission shall determine the portion of the schedule necessary for the use of the public. The public utilities or regulated districts shall file the portion of the schedule under sub. (3).

SB614-SSA1, s. 83 Section 83. 196.19 (6) of the statutes is amended to read:

SB614-SSA1,28,22 196.19 (6) The commission may prescribe the form in which any schedule is issued under this section by any public utility or regulated district.

SB614-SSA1, s. 84 Section 84. 196.20 (1) of the statutes is amended to read:

SB614-SSA1,29,8 196.20 (1) The rate schedules of any public utility or regulated district shall include all rules applicable to the rendition or discontinuance of the service to which the rates specified in the schedules are applicable. No change may be made by any public utility or regulated district in its schedules except by filing the change as proposed with the commission. Except for a telecommunications utility, no change in any public utility or regulated district rule which purports to curtail the obligation or undertaking of service of the public utility or regulated district shall be effective without the written approval of the commission after hearing, except that the commission, by emergency order, may make the rule, as filed, effective from the date of the order, pending final approval of the rule after hearing.

SB614-SSA1, s. 85 Section 85. 196.20 (2) (a) 2. of the statutes is amended to read:

SB614-SSA1,29,12 196.20 (2) (a) 2. The commission, upon application of any public utility or regulated district, directs that a proposed reduction in rates be made effective less than 10 days after filing the proposed reduction.

SB614-SSA1, s. 86 Section 86. 196.20 (2) (b) of the statutes is amended to read:

SB614-SSA1,29,21 196.20 (2) (b) 1. A suspension under par. (a) 1. shall be effective for a period not exceeding 4 months, during which period the commission shall investigate any matter relative to the reasonableness or lawfulness of any change in schedule as filed. After the investigation the commission, by order, shall approve or disapprove the change, except as provided under subd. 2. The commission shall give the public utility or regulated district proposing the change an opportunity for hearing prior to issuing any order disapproving a change. If the commission disapproves the change, the change shall be ineffective.

SB614-SSA1,30,2 2. If the commission orders a suspension under par. (a) 1., the commission, after notice to the public utility or regulated district of its objections to the change and after giving the public utility or regulated district an opportunity to be heard on the objections, may prescribe a schedule which, revised on the basis of the objections, the commission finds to be lawful and reasonable instead of disapproving the schedule under subd. 1.

SB614-SSA1, s. 87 Section 87. 196.21 of the statutes is amended to read:

SB614-SSA1,30,9 196.21 Publicity of revised schedules. A Each public utility and each regulated district shall file new schedules under s. 196.19 in every station and office of the public utility or regulated district where consumers make payments. A The public utility or regulated district shall file new schedules under this section at least 10 days prior to the time the new schedules take effect unless the commission prescribes a shorter time period.

SB614-SSA1, s. 88 Section 88. 196.22 of the statutes is amended to read:

SB614-SSA1,30,16 196.22 Discrimination forbidden. No public utility or regulated district may charge, demand, collect or receive more or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in the schedules for the service filed under s. 196.19, including schedules of joint rates, as may at the time be in force, or demand, collect or receive any rate, toll or charge not specified in the schedule.

SB614-SSA1, s. 89 Section 89. 196.24 (1) of the statutes is amended to read:

SB614-SSA1,30,20 196.24 (1) For the purpose of making any investigation with regard to any public utility or regulated district the commission may appoint, by an order in writing, an agent whose duties shall be prescribed in the order.

SB614-SSA1, s. 90 Section 90. 196.25 (1) of the statutes is amended to read:

SB614-SSA1,31,5 196.25 (1) If a public utility or a regulated district receives from the commission any questionnaire, the public utility or regulated district shall respond fully, specifically and correctly to each question. If a public utility or regulated district is unable to answer any question, the public utility or regulated district shall give a good and sufficient reason for its failure. Every answer by a public utility or a regulated district under this section shall be verified under oath by the president, secretary, superintendent or general manager of the public utility , or in the case of a regulated district by the executive director, and returned to the commission at its office within the period fixed by the commission.

SB614-SSA1, s. 91 Section 91. 196.25 (2) of the statutes is amended to read:

SB614-SSA1,31,10 196.25 (2) If required by the commission, a public utility or regulated district shall deliver to the commission the original or a copy of any map, profile, contract or engineer's report and any other document, book, account, paper or record with a complete inventory of all its property, in such form as the commission directs.

SB614-SSA1, s. 92 Section 92. 196.26 (1) of the statutes is amended to read:

SB614-SSA1,31,16 196.26 (1) Complaint. In this section , "complaint" means a complaint filed with the commission that any rate, toll, charge or schedule, joint rate, regulation, measurement, act or practice relating to the provision of heat, light, water, power, sewerage service or telephone service is unreasonable, inadequate, unjustly discriminatory or cannot be obtained.

SB614-SSA1, s. 93 Section 93. 196.26 (1m) of the statutes is amended to read:

SB614-SSA1,31,23 196.26 (1m) Complaint and investigation. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint against a public utility or a regulated district, the commission, with or without notice, may investigate the complaint as it deems necessary. The commission may not issue an order based on the investigation without a public hearing.

SB614-SSA1, s. 94 Section 94. 196.26 (2) (a) of the statutes is amended to read:

SB614-SSA1,32,4 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility or regulated district complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation.

SB614-SSA1, s. 95 Section 95. 196.26 (2) (b) of the statutes is amended to read:

SB614-SSA1,32,11 196.26 (2) (b) The commission shall give the public utility or regulated district which is the subject of a complaint filed under sub. (1) and the complainant 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant, and the public utility or regulated district, may be heard. The commission may subpoena any witness at the request of the public utility, the regulated district or complainant.

SB614-SSA1, s. 96 Section 96. 196.28 (1) of the statutes is amended to read:

SB614-SSA1,32,17 196.28 (1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility or regulated district should for any reason be made, the commission on its own motion summarily may investigate with or without notice.