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:
SB614-SSA1,36,2120
196.49
(3) (b) 1. Substantially impair the efficiency of the service of the public
21utility
or regulated district.
SB614-SSA1,37,223
196.49
(3) (b) 3. When placed in operation, add to the cost of service without
24proportionately increasing the value or available quantity of service unless the
1public utility
or regulated district waives consideration by the commission, in the
2fixation of rates, of such consequent increase of cost of service.
SB614-SSA1,37,94
196.49
(3) (e) Before the first day of the 13th month beginning after the
5effective date of this paragraph .... [revisor inserts date], this subsection does not
6apply to a project with a total cost that is not more than $1,000,000. Beginning on
7the first day of the 13th month beginning after the effective date of this paragraph
8.... [revisor inserts date], this subsection does not apply to any project of a regulated
9district that does not exceed a dollar amount established by the commission by rule.
SB614-SSA1,37,1911
196.49
(6) If the commission finds that any public utility
or regulated district 12has taken or is about to take an action which violates or disregards a rule or special
13order under this section, the commission, in its own name either before or after
14investigation or public hearing and either before or after issuing any additional
15orders or directions it deems proper, may bring an action in the circuit court of Dane
16county to enjoin the action. If necessary to preserve the existing state of affairs, the
17court may issue a temporary injunction pending a hearing upon the merits. An
18appeal from an order or judgment of the circuit court may be taken to the court of
19appeals.
SB614-SSA1, s. 113
20Section
113. 196.525 (1) (intro.) of the statutes is amended to read:
SB614-SSA1,38,421
196.525
(1) (intro.) Except under rules prescribed by the commission, a public
22utility
or regulated district may not lend funds or credit to any of its officers or
23directors by any of the following and a
regulated district or a public utility other than
24a telecommunications utility may not lend funds or credit to any corporation, except
25a public utility
or regulated district subject to the regulatory powers of the
1commission, if the corporation holds, directly or indirectly through any chain of
2ownership, 5% or more of the voting stock of the public utility or renders any
3managerial, supervising, engineering, legal, accounting or financial service to the
4public utility
or regulated district by any of the following:
SB614-SSA1,38,126
196.525
(2) Any contract made in violation of this section shall be void and
7subject to cancellation and recoupment by action at law. If a contract is made
8contrary to the provisions of this section, the commission, after notice and hearing,
9may order the public utility
or regulated district to take steps within 30 days to
10recover the funds or assets thus illegally loaned or transferred by action at law or
11other proceedings which will effectively release the public utility
or regulated district 12from the contract as surety, guarantor or endorser.
SB614-SSA1,38,1814
196.525
(3) Any director, treasurer or other officer or agent of a public utility
15who makes or votes to authorize a transaction in violation of this section may be fined
16not more than $10,000.
Any commissioner, officer or agent of a regulated district who
17makes or votes to authorize a transaction in violation of this section may be fined not
18more than $10,000.
SB614-SSA1,39,220
196.58
(1) (a) Determine by contract, ordinance or resolution the quality and
21character of each kind of product or service to be furnished or rendered by any public
22utility
or regulated district within the municipality and all other terms and
23conditions, consistent with this chapter and ch. 197, upon which the public utility
or
24regulated district may be permitted to occupy the streets, highways or other public
1places within the municipality. The contract, ordinance or resolution shall be in force
2and on its face reasonable.
SB614-SSA1,39,94
196.58
(1) (b) Require of any public utility
or regulated district any addition
5or extension to its physical plant within the municipality as shall be reasonable and
6necessary in the interest of the public, and designate the location and nature of the
7addition or extension, the time within which it must be completed, and any condition
8under which it must be constructed, subject to review by the commission under sub.
9(4).
SB614-SSA1,39,1411
196.58
(4) Upon complaint made by a public utility
, a regulated district or by
12any qualified complainant under s. 196.26, the commission shall set a hearing and
13if it finds a contract, ordinance or resolution under sub. (1) to be unreasonable, the
14contract, ordinance or resolution shall be void.
SB614-SSA1,39,2016
196.58
(5) The commission shall have original and concurrent jurisdiction with
17municipalities to require extensions of service and to regulate service of public
18utilities
and regulated districts. Nothing in this section shall limit the power of the
19commission to act on its own motion to require extensions of service and to regulate
20the service of public utilities
and regulated districts.
SB614-SSA1,39,22
22196.595 (title)
Utility advertising Advertising practices.
SB614-SSA1,40,3
1196.595
(1) (a) 1. Printed and published material and descriptive literature of
2a
public utility
or a regulated district used in newspapers, magazines, radio and TV
3scripts, billboards and similar displays.
SB614-SSA1,40,95
196.595
(1) (a) 1m. Any material which provides information favorable to a
6public utility
or a regulated district on any issue about which the utility
or district 7is attempting to influence legislative or administrative action by direct oral or
8written communication with any elective state official, agency official or legislative
9employe if the practice is regulated under subch. III of ch. 13.
SB614-SSA1,40,1511
196.595
(1) (a) 2. Descriptive literature and sales aids of all kinds issued by a
12public utility
or a regulated district for presentation to utility
or district consumers
13and other members of the public, including but not limited to any material enclosed
14with or added to a utility billing statement, circulars, leaflets, booklets, depictions,
15illustrations and form letters.
SB614-SSA1,40,1917
196.595
(1) (a) 4. Other materials and procedures enumerated by rule of the
18commission which promote or provide information to the public about a public utility
19or a regulated district.
SB614-SSA1,40,2321
196.595
(1) (b) "Expenditure" means any cost of advertising directly incurred
22by a
public utility
or a regulated district and any cost of advertising incurred by
23contribution to parent or affiliated companies or to trade associations.
SB614-SSA1, s. 126
24Section
126. 196.595 (2) (intro.) of the statutes is amended to read:
SB614-SSA1,41,2
1196.595
(2) (intro.) A public utility
and a regulated district may not charge its
2ratepayers for any expenditure for advertising unless the advertising:
SB614-SSA1,41,134
196.60
(1) (a) Except as provided under sub. (2),
no a public utility,
and no 5regulated district, or an agent, as defined in s. 196.66 (3) (a), or officer of a public
6utility
or regulated district, directly or indirectly, may
not charge, demand, collect or
7receive from any person more or less compensation for any service rendered or to be
8rendered by it in or affecting or relating to the production, transmission, delivery or
9furnishing of heat, light, water,
sewerage service, telecommunications service or
10power or for any service in connection therewith, than that prescribed in the
11published schedules or tariffs then in force, or established under this chapter, or than
12it charges, demands, collects or receives from any other person for a like
13contemporaneous service.