AB1065: Bill Text

AB1065,35,13 196.49 (6) If the commission finds that any public utility or regulated district has taken or is about to take an action which violates or disregards a rule or special order under this section, the commission, in its own name either before or after investigation or public hearing and either before or after issuing any additional orders or directions it deems proper, may bring an action in the circuit court of Dane county to enjoin the action. If necessary to preserve the existing state of affairs, the court may issue a temporary injunction pending a hearing upon the merits. An appeal from an order or judgment of the circuit court may be taken to the court of appeals.

AB1065, s. 102 Section 102. 196.525 (1) (intro.) of the statutes is amended to read:

AB1065,35,23 196.525 (1) (intro.) Except under rules prescribed by the commission, a public utility or regulated district may not lend funds or credit to any of its officers or directors by any of the following and a regulated district or a public utility other than a telecommunications utility may not lend funds or credit to any corporation, except a public utility or regulated district subject to the regulatory powers of the commission, if the corporation holds, directly or indirectly through any chain of ownership, 5% or more of the voting stock of the public utility or renders any managerial, supervising, engineering, legal, accounting or financial service to the public utility or regulated district by any of the following:

AB1065, s. 103 Section 103. 196.525 (2) of the statutes is amended to read:

AB1065,36,7 196.525 (2) Any contract made in violation of this section shall be void and subject to cancellation and recoupment by action at law. If a contract is made contrary to the provisions of this section, the commission, after notice and hearing, may order the public utility or regulated district to take steps within 30 days to recover the funds or assets thus illegally loaned or transferred by action at law or other proceedings which will effectively release the public utility or regulated district from the contract as surety, guarantor or endorser.

AB1065, s. 104 Section 104. 196.525 (3) of the statutes is amended to read:

AB1065,36,13 196.525 (3) Any director, treasurer or other officer or agent of a public utility who makes or votes to authorize a transaction in violation of this section may be fined not more than $10,000. Any commissioner, officer or agent of a regulated district who makes or votes to authorize a transaction in violation of this section may be fined not more than $10,000.

AB1065, s. 105 Section 105. 196.58 (1) (a) of the statutes is amended to read:

AB1065,36,21 196.58 (1) (a) Determine by contract, ordinance or resolution the quality and character of each kind of product or service to be furnished or rendered by any public utility or regulated district within the municipality and all other terms and conditions, consistent with this chapter and ch. 197, upon which the public utility or regulated district may be permitted to occupy the streets, highways or other public places within the municipality. The contract, ordinance or resolution shall be in force and on its face reasonable.

AB1065, s. 106 Section 106. 196.58 (1) (b) of the statutes is amended to read:

AB1065,37,3 196.58 (1) (b) Require of any public utility or regulated district any addition or extension to its physical plant within the municipality as shall be reasonable and necessary in the interest of the public, and designate the location and nature of the addition or extension, the time within which it must be completed, and any condition under which it must be constructed, subject to review by the commission under sub. (4).

AB1065, s. 107 Section 107. 196.58 (4) of the statutes is amended to read:

AB1065,37,8 196.58 (4) Upon complaint made by a public utility , a regulated district or by any qualified complainant under s. 196.26, the commission shall set a hearing and if it finds a contract, ordinance or resolution under sub. (1) to be unreasonable, the contract, ordinance or resolution shall be void.

AB1065, s. 108 Section 108. 196.58 (5) of the statutes is amended to read:

AB1065,37,14 196.58 (5) The commission shall have original and concurrent jurisdiction with municipalities to require extensions of service and to regulate service of public utilities and regulated districts. Nothing in this section shall limit the power of the commission to act on its own motion to require extensions of service and to regulate the service of public utilities and regulated districts.

AB1065, s. 109 Section 109. 196.60 (1) of the statutes is amended to read:

AB1065,37,25 196.60 (1) (a) Except as provided under sub. (2), no a public utility, and no regulated district, or an agent, as defined in s. 196.66 (3) (a), or officer of a public utility or regulated district, directly or indirectly, may not charge, demand, collect or receive from any person more or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, sewerage service, telecommunications service or power or for any service in connection therewith, than that prescribed in the published schedules or tariffs then in force, or established under this chapter, or than it charges, demands, collects or receives from any other person for a like contemporaneous service.

AB1065,38,4 (b) A public utility, regulated district or an agent that violates par. (a) shall be deemed guilty of unjust discrimination and shall forfeit not less than $100 nor more than $5,000 for each offense. An officer who violates par. (a) shall be fined not less than $50 nor more than $2,500 for each offense.

AB1065, s. 110 Section 110. 196.60 (3) of the statutes is amended to read:

AB1065,38,11 196.60 (3) If a public utility or regulated district gives an unreasonable preference or advantage to any person or subjects any person to any unreasonable prejudice or disadvantage, the public utility shall be deemed or regulated district is guilty of unjust discrimination. A public utility violating or a regulated district that violates this subsection shall forfeit not less than $50 nor more than $5,000 for each offense.

AB1065, s. 111 Section 111. 196.604 of the statutes is amended to read:

AB1065,38,21 196.604 Rebates, concessions and discriminations unlawful. No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility or regulated district for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, sewerage service or power or the conveying of telephone messages within this state or for any connected service whereby the service is rendered or is to be rendered free or at a rate less than the rate named in the schedules and tariffs in force, or whereby any other service or advantage is received. Any person violating this section shall be fined not less than $50 nor more than $5,000 for each offense.

AB1065, s. 112 Section 112. 196.61 of the statutes is amended to read:

AB1065,39,8 196.61 Facilities in exchange for compensation prohibited. A public utility or regulated district may not demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the public utility or regulated district in return for the furnishing by that person of any part of the facilities incident to the service. This section may not be construed to prohibit any public utility from renting any facility relating to the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power and from paying a reasonable rental for the facility. This section may not be construed to require any public utility or regulated district to furnish any part of any appliance which is at the premises of any consumer, except meters and appliances for measurements of any product or service, unless the commission orders otherwise.

AB1065, s. 113 Section 113. 196.635 (intro.) of the statutes is amended to read:

AB1065,39,12 196.635 Unbilled utility service. (intro.) All service supplied by a public utility or regulated district must be billed within 2 years of such service. No customer shall be liable for unbilled service 2 years after the date of the service unless:

AB1065, s. 114 Section 114. 196.635 (1) of the statutes is amended to read:

AB1065,39,17 196.635 (1) The public utility or regulated district made a reasonable effort to measure the service, but the customer did not allow the public utility or regulated district access to any device, including but not limited to a meter, necessary to measure service.

AB1065, s. 115 Section 115. 196.64 (title) of the statutes is amended to read:

AB1065,39,20 196.64 (title) Public utilities and regulated districts, liability for treble damages.

AB1065, s. 116 Section 116. 196.64 (1) of the statutes is amended to read:

AB1065,40,6 196.64 (1) If a director, officer, employe or agent of a public utility or a commissioner, officer, employe or agent of a regulated district, in the course of the discharge of his or her duties, wilfully, wantonly or recklessly does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197, or wilfully, wantonly or recklessly fails to do any act, matter or thing required to be done under this chapter, the public utility shall be or regulated district is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. No A recovery as in under this section provided shall does not affect a recovery by the state of the penalty prescribed for such violation.

AB1065, s. 117 Section 117. 196.643 (1) of the statutes is amended to read:

AB1065,40,20 196.643 (1) Responsible party. When a customer terminates service to the customer's rental dwelling unit, a public utility or regulated district shall make reasonable attempt to identify the party responsible for service to the rental dwelling unit after the customer's termination. If a responsible party cannot be identified, the public utility or regulated district may give the owner written notice by regular or other mail of the public utility's intent to hold the owner responsible for service to the rental dwelling unit. The owner shall not be responsible for service if the public utility does not give the notice under this subsection or if, within 15 days after the date the notice is mailed, the owner notifies the public utility or regulated district of the name of the party responsible for service to the rental dwelling unit or notifies the public utility or regulated district that service to the rental dwelling unit should be terminated and affirms that service termination will not endanger human health or life or cause damage to property.

AB1065, s. 118 Section 118. 196.645 (1) (intro.) of the statutes is amended to read:

AB1065,41,2 196.645 (1) (intro.) The commission, upon complaint or upon its own motion, may proceed to investigate and determine whether a public utility's or regulated district's rates should be changed by reason of a change in the cost of an energy, commodity or service resulting from a change in charges for the energy, commodity or service if:

AB1065, s. 119 Section 119. 196.65 (1) (intro.) of the statutes is amended to read:

AB1065,41,8 196.65 (1) (intro.) An officer of a public utility or of a regulated district shall be fined not less than $100 nor more than $2,500, or an agent, as defined in s. 196.66 (3) (a), shall be fined not less than $100 nor more than $5,000 or an employe of a public utility or of a regulated district shall be fined not less than $100 nor more than $1,000 for each offense if the officer, agent or employe does any of the following:

AB1065, s. 120 Section 120. 196.65 (1) (e) of the statutes is amended to read:

AB1065,41,13 196.65 (1) (e) Upon proper demand, fails or refuses to exhibit to the commission or any commissioner or any person authorized to examine it any record of the public utility or regulated district which is in the possession or under the control of the officer, agent or employe.

AB1065, s. 121 Section 121. 196.65 (2) of the statutes is amended to read:

AB1065,41,19 196.65 (2) A penalty of not less than $500 nor more than $5,000 shall be recovered from the public utility or regulated district for each offense under sub. (1) if the officer, agent or employe of the public utility or of the regulated district acted in obedience to the direction, instruction or request of the public utility, the regulated district, or any general officer of the public utility or regulated district.

AB1065, s. 122 Section 122. 196.66 (1) of the statutes is amended to read:

AB1065,42,2 196.66 (1) General forfeiture; failure to obey. If any public utility or regulated district violates this chapter or ch. 197 or fails or refuses to perform any duty enjoined upon it for which a penalty has not been provided, or fails, neglects or refuses to obey any lawful requirement or order of the commission or the governing body of a municipality or a sanitary commission or any judgment or decree of any court upon its application, for every violation, failure or refusal the public utility or regulated district shall forfeit not less than $25 nor more than $5,000.

AB1065, s. 123 Section 123. 196.66 (2) of the statutes is amended to read:

AB1065,42,9 196.66 (2) Each day separate offense. Every day during which any public utility, regulated district or any officer, agent, as defined in sub. (3) (a), or employe of a public utility or regulated district fails to comply with any order or direction of the commission or to perform any duty enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation under sub. (1). If the order is suspended, stayed or enjoined, this penalty shall not accrue.

AB1065, s. 124 Section 124. 196.66 (3) (a) of the statutes is amended to read:

AB1065,42,13 196.66 (3) (a) In this subsection, "agent" means an authorized person who acts on behalf of or at the direction of a public utility or a regulated district. "Agent" does not include a director, officer or employe of a public utility or a regulated district.

AB1065, s. 125 Section 125. 196.66 (3) (b) (intro.) of the statutes is amended to read:

AB1065,42,18 196.66 (3) (b) (intro.) A court imposing a forfeiture on a public utility, regulated district or an agent, director, officer or employe of a public utility or an agent, commissioner, officer or employe of a regulated district under this chapter shall consider all of the following in determining the amount of the forfeiture:

AB1065, s. 126 Section 126. 196.66 (3) (b) 1. of the statutes is amended to read:

AB1065,42,21 196.66 (3) (b) 1. The appropriateness of the forfeiture to the volume of business of the public utility or regulated district.

AB1065, s. 127 Section 127. 196.66 (3) (b) 3. of the statutes is amended to read:

AB1065,42,25 196.66 (3) (b) 3. Any good faith attempt to achieve compliance after the public utility, regulated district, agent, director, commissioner, officer or employe receives notice of the violation.

AB1065, s. 128 Section 128. 196.66 (4) (b) of the statutes is amended to read:

AB1065,43,5 196.66 (4) (b) If a public utility or a regulated district fails to comply with any rule, order or direction of the commission after actual receipt by the public utility or regulated district of written notice from the commission specifying the failure, the maximum forfeiture under sub. (1) shall be $15,000.

AB1065, s. 129 Section 129. 196.68 of the statutes is amended to read:

AB1065,43,15 196.68 Municipal officers, malfeasance. If any officer of a regulated district or of a municipality which owns or operates a public utility does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197 or omits, fails, neglects or refuses to perform any duty which is enjoined upon him or her and which relates directly or indirectly to the enforcement of this chapter and ch. 197, or if the officer omits, fails, neglects or refuses to obey any lawful requirement or order of the commission or any judgment or decree of a court upon its application, for every such violation, failure or refusal the officer shall forfeit not less than $50 nor more than $2,500.

AB1065, s. 130 Section 130. 196.69 of the statutes is amended to read:

AB1065,43,25 196.69 Interference with commission's equipment. (1) If any person destroys, injures or interferes with any apparatus or appliance owned, in the charge of or operated by the commission or its agent, the person shall be fined not more than $5,000 or imprisoned for not more than 30 days or both if the person is a public utility, regulated district or an agent, as defined in s. 196.66 (3) (a), fined not more than $2,500 or imprisoned for not more than 30 days or both if the person is a director or officer of a public utility or a commissioner or officer of a regulated district, or fined not more than $1,000 or imprisoned for not more than 30 days or both if the person is an employe of a public utility or a regulated district.

AB1065,44,2 (2) Any public utility or regulated district permitting a violation of this section shall forfeit not more than $5,000 for each offense.

AB1065, s. 131 Section 131. 196.70 of the statutes is amended to read:

AB1065,44,10 196.70 Temporary alteration or suspension of rates. (1) The commission, when it deems necessary to prevent injury to the business or interests of the people or any public utility or regulated district in case of any emergency to be judged of by the commission, may by order temporarily alter, amend, or with the consent of the public utility or regulated district concerned, suspend any existing rates, schedules and order relating to or affecting any public utility, regulated district or part of any public utility or regulated district.

AB1065,44,13 (2) The commission may direct an order under sub. (1) to part of a public utility or regulated district or to one or more public utilities or regulated districts and may prescribe when the order takes effect and for how long the order shall be in effect.

AB1065, s. 132 Section 132. 196.72 (title) of the statutes is amended to read:

AB1065,44,15 196.72 (title) Accidents; public utility report; investigation.

AB1065, s. 133 Section 133. 196.72 (1) (a) of the statutes is amended to read:

AB1065,44,21 196.72 (1) (a) The commission may issue orders or rules, after hearing, requiring public utilities and regulated districts to record or report accidents which occur upon the public utilities' premises of public utilities or regulated districts or which arise directly or indirectly from, or are connected with, the public utilities' maintenance or operation of the public utilities or regulated districts.

AB1065, s. 134 Section 134. 196.72 (2) of the statutes is amended to read:

AB1065,45,3 196.72 (2) The commission shall investigate any accident under sub. (1) if the commission deems that the public interest requires it. The commission shall hold the investigation in the locality of the accident, unless it is more convenient to hold it at some other place. The commission may adjourn the investigation from place to place. The commission shall give the public utility or regulated district reasonable notice of the time and place of the investigation.

AB1065, s. 135 Section 135. 196.78 of the statutes is amended to read:

AB1065,45,12 196.78 Voluntary dissolution. No corporation or limited liability company owning or operating a public utility may be dissolved unless the commission consents. A regulated district may not dissolve unless both the commission and the department of natural resources consent to its dissolution. The commission may consent only after hearing. The commission shall give at least 30 days' notice to each municipality in which the public utility or regulated district is operated and an opportunity to be heard to each municipality and to the stockholders in the corporation or members of a limited liability company.

AB1065, s. 136 Section 136. 196.79 (1) of the statutes is amended to read:

AB1065,45,19 196.79 (1) Except as provided in sub. (2), the reorganization of any public utility shall be or regulated district is subject to the supervision and control of the commission. No reorganization may take effect without the written approval of the commission. The commission may not approve any plan of reorganization unless the applicant for approval establishes that the plan of reorganization is consistent with the public interest.

AB1065, s. 137 Section 137. 196.80 (1s) of the statutes is created to read:

AB1065,45,22 196.80 (1s) With the consent and approval of the commission but not otherwise a regulated district may:

AB1065,45,23 (b) Acquire the stock of a public utility or any part thereof.

AB1065,45,25 (e) Sell, acquire, lease or rent any regulated district plant or property constituting an operating unit or system.

AB1065, s. 138 Section 138. 196.80 (3) of the statutes is amended to read:

AB1065,46,12 196.80 (3) The interested public utility or regulated district shall make an application for the approval and consent of the commission under this section. The application shall contain a concise statement of the proposed action, the reasons for the action and any other information required by the commission. If an application is filed, the commission shall investigate the application. The investigation may be with or without public hearing. If the commission conducts a public hearing, the hearing shall be upon such notice as the commission may require. If the commission finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. In reaching its determination the commission shall take into consideration the reasonable value of the property and assets of the corporation to be acquired or merged.

AB1065, s. 139 Section 139. 196.81 (1) of the statutes is amended to read:

AB1065,46,21 196.81 (1) No A public utility or regulated district may not abandon or discontinue any line or extension or service thereon without first securing the approval of the commission. In granting its approval, the commission may impose any term, condition or requirement it deems necessary to protect the public interest. If a public utility or regulated district abandons or discontinues a line or extension or service thereon upon receiving commission approval, the public utility shall be deemed to have waived or regulated district waives any objection to any term, condition or requirement imposed by the commission in granting the approval.

AB1065, s. 140 Section 140. 196.85 (1) of the statutes is amended to read:

AB1065,47,22 196.85 (1) If the commission in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make appraisals of the property of any public utility, regulated district, power district or sewerage system or to render any engineering or accounting services to any public utility, regulated district, power district or sewerage system, the public utility, regulated district, power district or sewerage system shall pay the expenses attributable to the investigation, including the cost of litigation, appraisal or service. The commission shall mail a bill for the expenses to the public utility, regulated district, power district or sewerage system either at the conclusion of the investigation, appraisal or services, or during its progress. The bill constitutes notice of the assessment and demand of payment. The public utility, regulated district, power district or sewerage system shall, within 30 days after the mailing of the bill pay to the commission the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g). The total amount in any one calendar year for which any public utility, regulated district, power district or sewerage system is liable, by reason of costs incurred by the commission within the calendar year, including charges under s. 184.10 (3), may not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Nothing in this subsection shall prevent the commission from rendering bills in one calendar year for costs incurred within a previous year. For the purpose of calculating the costs of investigations, appraisals and other services under this subsection, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations.

AB1065, s. 141 Section 141. 196.85 (2) of the statutes is amended to read:

AB1065,48,23 196.85 (2) The commission shall annually, within 90 days of the commencement of each fiscal year, calculate the total of its expenditures during the prior fiscal year which are reasonably attributable to the performance of its duties relating to public utilities, regulated districts, sewerage systems and power districts under this chapter and chs. 66, 184 and 198 and expenditures of the state for state government operations to support the performance of such duties. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the commission and 10% of the expenditures so determined shall be expenditures for state government operations. The commission shall deduct from this total all amounts chargeable to public utilities, regulated districts, sewerage systems and power districts under sub. (1) and s. 184.10 (3). The commission shall assess a sum equal to the remainder plus 10% of the remainder to the public utilities , regulated districts and power districts in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. If, at the time of payment, the prior year's expenditures made under this section exceeded the payment made under this section in the prior year, the commission shall charge the remainder to the public utilities, regulated districts and power districts in proportion to their gross operating revenues during the last calendar year. If, at the time of payment it is determined that the prior year's expenditures made under this section were less than the payment made under this section in the prior year, the commission shall credit the difference to the current year's payment. The assessment shall be paid within 30 days after the bill has been mailed to the public utilities, regulated districts and power districts. The bill constitutes notice of the assessment and demand of payment. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g).

AB1065, s. 142 Section 142. 196.85 (3) of the statutes is amended to read:

AB1065,49,14 196.85 (3) If any public utility, regulated district, sewerage system or power district is billed under sub. (1) or (2) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, regulated district, sewerage system or power district a copy of the notice which it has transmitted to the state treasurer. Within 10 days after the receipt of notice and certified copy of the bill the state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, regulated district, sewerage system or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that goods and chattels anywhere within the state may be levied upon.

AB1065, s. 143 Section 143. 196.85 (4) (a) of the statutes is amended to read: