SB614-SSA1,24,2019
(a)
Practicable The arrangement is practicable and advantageous to the parties
20interested
; and.
SB614-SSA1,24,2421
(b)
Entered The arrangement is entered into by a public utility other than a
22telecommunications utility
or by a regulated district and
the arrangement is found
23by the commission to be reasonable and just and consistent with the purposes of this
24chapter.
SB614-SSA1,25,1
1196.12 (title)
Report by public utilities and regulated districts; items.
SB614-SSA1, s. 69
2Section
69. 196.12 (1) (intro.) of the statutes is amended to read:
SB614-SSA1,25,53
196.12
(1) (intro.) Each public utility
and each regulated district shall furnish
4to the commission, in the form and at the time the commission requires, accounts,
5reports or other information which shows in itemized detail:
SB614-SSA1,25,10
7196.13 Commission's report. (1) The commission shall publish biennial
8reports showing its proceedings together with any financial or other data which
9concerns and is appropriate for all public utilities
or all regulated districts and may
10publish any other report related to public utilities
or regulated districts.
SB614-SSA1,25,16
11(2) The commission shall publish in its reports the value of all the property
12actually used and useful for the convenience of the public of a
regulated district or
13a public utility, other than a telecommunications utility, if the commission has held
14a hearing on the
regulated district's or public utility's rates, charges, service or
15regulations or if the commission has otherwise determined the value of the
regulated
16district's or public utility's property.
SB614-SSA1,25,20
18196.14 Public record exception. The commission may withhold from public
19inspection any information which would aid a competitor of a public utility
or a
20regulated district in competition with the public utility
or regulated district.
SB614-SSA1,25,25
22196.15 Units of product or service. The commission shall prescribe for
23regulated districts and for each kind of public utility, other than a
24telecommunications utility, suitable and convenient standard commercial units of
25product or service.
SB614-SSA1,26,62
196.16
(1) The commission shall fix adequate and serviceable standards for the
3measurement of quality, pressure, initial voltage or other condition pertaining to the
4supply of the product or service rendered by a public utility
or regulated district. The
5commission shall prescribe reasonable regulations for measurement, examination
6and testing of the product or service.
SB614-SSA1,26,108
196.16
(2) The commission shall establish reasonable rules, regulations,
9specifications and standards to secure the accuracy of all meters and appliances for
10measurement of public utility
or regulated district service.
SB614-SSA1,26,1412
196.17
(1) The commission shall provide for the examination and testing of
13every appliance used for measuring any product or service of a public utility
or
14regulated district.
SB614-SSA1,26,2316
196.171
(1) Any officer or agent of any public utility
or regulated district 17furnishing or transmitting
sewerage service, water, gas or electric current to the
18public or for public purposes may enter, at any reasonable time, any place supplied
19with
the sewerage service, gas, electricity or water by the public utility
or regulated
20district, for the purpose of inspecting, examining, repairing, installing or removing
21the meters, pipes, fittings, wires and works for supplying or regulating the supply
22of
sewerage service, gas, electricity or water and for the purpose of ascertaining the
23quantity of
sewerage service, gas, electricity or water supplied.
SB614-SSA1,27,3
1196.171
(2) No officer or agent of a public utility
or regulated district may enter
2any premises under this section unless the officer or agent
meets all of the following
3conditions:
SB614-SSA1,27,54
(a)
Was The officer or agent is duly appointed by the public utility
or regulated
5district for the purpose of acting under this section.
SB614-SSA1,27,116
(b)
Exhibits The officer or agent exhibits written authority signed by the
7president, by a vice president and secretary, or by a vice president and assistant
8secretary of the public utility
or regulated district. The authority of any officer or
9agent of a municipally owned public utility
or regulated district shall be signed by
10the commissioner of public works or by any other official in charge of the public utility
11or regulated district.
SB614-SSA1,27,17
13196.18 Entry upon premises. The commission, its agents, experts or
14examiners may enter any premises occupied by a public utility
or a regulated district 15to make any examination or test under this chapter and may set up and use on the
16premises any apparatus or appliance and occupy reasonable space for the
17examination or test.
SB614-SSA1,27,2419
196.19
(1) Each public utility
and each regulated district shall file with the
20commission schedules showing all rates, tolls and charges which it has established
21and which are in force at the time for any service performed by it within the state,
22or for any service in connection therewith or performed by any public utility
or
23regulated district controlled or operated by it. The rates, tolls and charges shown on
24such schedules may not be changed except as provided under this chapter.
SB614-SSA1,28,7
1196.19
(2) Every public utility
and every regulated district shall file with and
2as a part of such schedule all rules and regulations that, in the judgment of the
3commission, in any manner affect the service or product, or the rates charged or to
4be charged for any service or product, as well as any contracts, agreements or
5arrangements relating to the service or product or the rates to be charged for any
6service or product to which the schedule is applicable as the commission may by
7general or special order direct.
SB614-SSA1,28,139
196.19
(3) A copy of as much of the schedules filed under sub. (1) as the
10commission determines necessary for the use of the public shall be printed in plain
11type, and kept on file in every public utility
or regulated district station or office
12where payments are made by consumers in a form and place readily accessible to the
13public.
SB614-SSA1,28,1915
196.19
(4) If a schedule of joint rates or charges is in force between public
16utilities
or regulated districts, the schedule shall be printed and filed with the
17commission under sub. (1). The commission shall determine the portion of the
18schedule necessary for the use of the public. The public utilities
or regulated districts 19shall file the portion of the schedule under sub. (3).
SB614-SSA1,28,2221
196.19
(6) The commission may prescribe the form in which any schedule is
22issued under this section by any public utility
or regulated district.
SB614-SSA1,29,824
196.20
(1) The rate schedules of any public utility
or regulated district shall
25include all rules applicable to the rendition or discontinuance of the service to which
1the rates specified in the schedules are applicable. No change may be made by any
2public utility
or regulated district in its schedules except by filing the change as
3proposed with the commission. Except for a telecommunications utility, no change
4in any public utility
or regulated district rule which purports to curtail the obligation
5or undertaking of service of the public utility
or regulated district shall be effective
6without the written approval of the commission after hearing, except that the
7commission, by emergency order, may make the rule, as filed, effective from the date
8of the order, pending final approval of the rule after hearing.
SB614-SSA1,29,1210
196.20
(2) (a) 2. The commission, upon application of any public utility
or
11regulated district, directs that a proposed reduction in rates be made effective less
12than 10 days after filing the proposed reduction.
SB614-SSA1,29,2114
196.20
(2) (b) 1. A suspension under par. (a) 1. shall be effective for a period not
15exceeding 4 months, during which period the commission shall investigate any
16matter relative to the reasonableness or lawfulness of any change in schedule as
17filed. After the investigation the commission, by order, shall approve or disapprove
18the change, except as provided under subd. 2. The commission shall give the public
19utility
or regulated district proposing the change an opportunity for hearing prior to
20issuing any order disapproving a change. If the commission disapproves the change,
21the change shall be ineffective.
SB614-SSA1,30,222
2. If the commission orders a suspension under par. (a) 1., the commission, after
23notice to the public utility
or regulated district of its objections to the change and
24after giving the public utility
or regulated district an opportunity to be heard on the
25objections, may prescribe a schedule which, revised on the basis of the objections, the
1commission finds to be lawful and reasonable instead of disapproving the schedule
2under subd. 1.
SB614-SSA1,30,9
4196.21 Publicity of revised schedules. A Each public utility
and each
5regulated district shall file new schedules under s. 196.19 in every station and office
6of the public utility
or regulated district where consumers make payments.
A The 7public utility
or regulated district shall file new schedules under this section at least
810 days prior to the time the new schedules take effect unless the commission
9prescribes a shorter time period.
SB614-SSA1,30,16
11196.22 Discrimination forbidden. No public utility
or regulated district 12may charge, demand, collect or receive more or less compensation for any service
13performed by it within the state, or for any service in connection therewith, than is
14specified in the schedules for the service filed under s. 196.19, including schedules
15of joint rates, as may at the time be in force, or demand, collect or receive any rate,
16toll or charge not specified in the schedule.
SB614-SSA1,30,2018
196.24
(1) For the purpose of making any investigation with regard to any
19public utility
or regulated district the commission may appoint, by an order in
20writing, an agent whose duties shall be prescribed in the order.
SB614-SSA1,31,522
196.25
(1) If a public utility
or a regulated district receives from the commission
23any questionnaire, the public utility
or regulated district shall respond fully,
24specifically and correctly to each question. If a public utility
or regulated district is
25unable to answer any question, the public utility
or regulated district shall give a
1good and sufficient reason for its failure. Every answer by a public utility
or a
2regulated district under this section shall be verified under oath by the president,
3secretary, superintendent or general manager of the public utility
, or in the case of
4a regulated district by the executive director, and returned to the commission at its
5office within the period fixed by the commission.
SB614-SSA1,31,107
196.25
(2) If required by the commission, a public utility
or regulated district 8shall deliver to the commission the original or a copy of any map, profile, contract or
9engineer's report and any other document, book, account, paper or record with a
10complete inventory of all its property, in such form as the commission directs.
SB614-SSA1,31,1612
196.26
(1) Complaint. In this section
, "complaint" means a complaint filed with
13the commission that any rate, toll, charge or schedule, joint rate, regulation,
14measurement, act or practice relating to the provision of heat, light, water, power
,
15sewerage service or telephone service is unreasonable, inadequate, unjustly
16discriminatory or cannot be obtained.
SB614-SSA1,31,2318
196.26
(1m) Complaint and investigation. If any mercantile, agricultural or
19manufacturing society, body politic, municipal organization or 25 persons file a
20complaint against a public utility
or a regulated district, the commission, with or
21without notice, may investigate the complaint as it deems necessary. The
22commission may not issue an order based on the investigation without a public
23hearing.
SB614-SSA1,32,4
1196.26
(2) (a) Prior to a hearing under this section, the commission shall notify
2the public utility
or regulated district complained of that a complaint has been made,
3and 10 days after the notice has been given the commission may proceed to set a time
4and place for a hearing and an investigation.
SB614-SSA1,32,116
196.26
(2) (b) The commission shall give the public utility
or regulated district 7which is the subject of a complaint filed under sub. (1) and the complainant 10 days'
8notice of the time and place of the hearing and the matter to be considered and
9determined at the hearing. The complainant
, and the public utility
or regulated
10district, may be heard. The commission may subpoena any witness at the request
11of the public utility
, the regulated district or complainant.
SB614-SSA1,32,1713
196.28
(1) If the commission believes that any rate or charge is unreasonable
14or unjustly discriminatory or that any service is inadequate or cannot be obtained
15or that an investigation of any matter relating to any public utility
or regulated
16district should for any reason be made, the commission on its own motion summarily
17may investigate with or without notice.
SB614-SSA1,32,2519
196.28
(3) Notice of the time and place for a hearing under sub. (2) shall be
20given to the public utility
or regulated district, and to such other interested persons
21as the commission deems necessary. After the notice has been given, proceedings
22shall be had and conducted in reference to the matter investigated as if a complaint
23had been filed with the commission under s. 196.26 (1) relative to the matter
24investigated. The same order or orders may be made in reference to the matter as
25if the investigation had been made on complaint under s. 196.26.
SB614-SSA1,33,4
2196.30 Utilities may complain. Any public utility
or regulated district may
3file a complaint with the commission on any matter affecting its own product or
4service.
SB614-SSA1, s. 99
5Section
99. 196.31 (1) (intro.) of the statutes is amended to read:
SB614-SSA1,33,96
196.31
(1) (intro.) In any proceeding before the commission, the commission
7may compensate any participant in the proceeding who is not a public utility
or
8regulated district, for some or all of the reasonable costs of participation in the
9proceeding if the commission finds that:
SB614-SSA1,33,1811
196.31
(2) Compensation granted under this section shall be paid from the
12appropriation under s. 20.155 (1) (j) and shall be assessed under s. 196.85 (1), except
13that, if the commission finds that the participation for which compensation is
14granted relates more to a general issue of utility regulation rather than to an issue
15arising from a single proceeding, the cost of the compensation may be assessed under
16s. 196.85 (2). Any payment by a public utility
or regulated district for compensation
17under this section assessed under s. 196.85 (1) or (2) shall be credited to the
18appropriation under s. 20.155 (1) (j).
SB614-SSA1,33,2420
196.37
(3) Any public utility
or regulated district to which an order under this
21section applies shall make such changes in schedules on file under s. 196.19 to make
22the schedules conform to the order. The public utility
or regulated district may not
23make any subsequent change in rates, tolls or charges without the approval of the
24commission, except as provided in s. 196.205 or 196.215 (2).
SB614-SSA1,34,10
1196.39 Change, amendment and rescission of orders; reopening cases. 2The commission at any time, on its own motion or upon motion of an interested party,
3and upon notice to the public utility
or regulated district and after opportunity to be
4heard, may rescind, alter or amend any order fixing rates, tolls, charges or schedules,
5or any other order made by the commission, and may reopen any case following the
6issuance of an order in the case, for any reason. Any order rescinding, altering,
7amending or reopening a prior order shall have the same effect as an original order.
8Within 30 days after service of an order, the commission may correct an error or
9omission in the order related to transcription, typing or calculation without hearing
10if the correction does not alter the intended effect of the order.
SB614-SSA1,34,1612
196.44
(1) Duty of commission. The commission shall inquire into the neglect
13or violation of the laws of this state by public utilities
or regulated districts, or by
14their officers, agents or employes or by persons operating public utilities
or regulated
15districts, and shall enforce all laws relating to public utilities
and regulated districts,
16and report all violations to the attorney general.
SB614-SSA1,34,2318
196.44
(2) Attorney general and district attorney to prosecute. Upon
19request of the commission, the attorney general or the district attorney of the proper
20county shall aid in any investigation, hearing or trial had under this chapter, and
21shall institute and prosecute all necessary actions or proceedings for the enforcement
22of all laws relating to public utilities
and regulated districts, and for the punishment
23of all violations.
SB614-SSA1,35,6
1196.44
(2) Duties of attorney general and district attorneys. (a) Upon
2request of the commission, the attorney general or the district attorney of the proper
3county shall aid in any investigation, hearing or trial had under this chapter, and
4shall institute and prosecute all necessary actions or proceedings for the enforcement
5of all laws relating to public utilities and regulated districts, and for the punishment
6of all violations.
SB614-SSA1,35,127
(b) The attorney general may, on his or her own initiative, appear before the
8commission on telecommunications matters relating to consumer protection and
9antitrust. If acting under the authority granted by this paragraph, the attorney
10general shall have the rights accorded a party before the commission in its
11proceedings but may not appeal as a party a decision of the commission to the circuit
12court. This paragraph does not apply after June 30, 1999.
SB614-SSA1,36,414
196.49
(2) No A public utility
or regulated district may
not begin the
15construction, installation or operation of any new plant, equipment, property or
16facility, nor the construction or installation of any extension, improvement or
17addition to its existing plant, equipment, property, apparatus or facilities unless the
18public utility
or regulated district has complied with any applicable rule or order of
19the commission and with s. 144.026, if applicable. If a cooperative association has
20been incorporated under ch. 185 for the production, transmission, delivery or
21furnishing of light or power and has filed with the commission a map of the territory
22to be served by the association and a statement showing that a majority of the
23prospective consumers in the area are included in the project, no public utility may
24begin any such construction, installation or operation within the territory until after
25the expiration of 6 months from the date of filing the map and notice. If the
1cooperative association has entered into a loan agreement with any federal agency
2for the financing of its proposed system and has given written notice of the agreement
3to the commission, no public utility may begin any construction, installation or
4operation within the territory until 12 months after the date of the loan agreement.
SB614-SSA1,36,126
196.49
(3) (a) In this subsection, "project" means construction of any new plant,
7equipment, property or facility, or extension, improvement or addition to its existing
8plant, equipment, property, apparatus or facilities. The commission may require by
9rule or special order that a public utility
or a regulated district submit, periodically
10or at such times as the commission specifies and in such detail as the commission
11requires, plans, specifications and estimated costs of any proposed project which the
12commission finds will materially affect the public interest.
SB614-SSA1, s. 108
13Section
108. 196.49 (3) (b) (intro.) of the statutes is amended to read:
SB614-SSA1,36,1814
196.49
(3) (b) (intro.) Except as provided in
par. pars. (d)
and (e), the
15commission may require by rule or special order under par. (a) that no project may
16proceed until the commission has certified that public convenience and necessity
17require the project. The commission may refuse to certify a project if it appears that
18the completion of the project will do any of the following: