AB1065,42,1815
196.66
(3) (b) (intro.) A court imposing a forfeiture on a public utility
, regulated
16district or an agent, director, officer or employe of a public utility
or an agent,
17commissioner, officer or employe of a regulated district under this chapter shall
18consider all of the following in determining the amount of the forfeiture:
AB1065, s. 126
19Section
126. 196.66 (3) (b) 1. of the statutes is amended to read:
AB1065,42,2120
196.66
(3) (b) 1. The appropriateness of the forfeiture to the volume of business
21of the public utility
or regulated district.
AB1065, s. 127
22Section
127. 196.66 (3) (b) 3. of the statutes is amended to read:
AB1065,42,2523
196.66
(3) (b) 3. Any good faith attempt to achieve compliance after the public
24utility,
regulated district, agent, director,
commissioner, officer or employe receives
25notice of the violation.
AB1065, s. 128
1Section
128. 196.66 (4) (b) of the statutes is amended to read:
AB1065,43,52
196.66
(4) (b) If a public utility
or a regulated district fails to comply with any
3rule, order or direction of the commission after actual receipt by the public utility
or
4regulated district of written notice from the commission specifying the failure, the
5maximum forfeiture under sub. (1) shall be $15,000.
AB1065, s. 129
6Section
129. 196.68 of the statutes is amended to read:
AB1065,43,15
7196.68 Municipal officers, malfeasance. If any officer of
a regulated
8district or of a municipality which owns or operates a public utility does, causes or
9permits to be done any matter, act or thing prohibited or declared to be unlawful
10under this chapter or ch. 197 or omits, fails, neglects or refuses to perform any duty
11which is enjoined upon him or her and which relates directly or indirectly to the
12enforcement of this chapter and ch. 197, or if the officer omits, fails, neglects or
13refuses to obey any lawful requirement or order of the commission or any judgment
14or decree of a court upon its application, for every such violation, failure or refusal
15the officer shall forfeit not less than $50 nor more than $2,500.
AB1065, s. 130
16Section
130. 196.69 of the statutes is amended to read:
AB1065,43,25
17196.69 Interference with commission's equipment. (1) If any person
18destroys, injures or interferes with any apparatus or appliance owned, in the charge
19of or operated by the commission or its agent, the person shall be fined not more than
20$5,000 or imprisoned for not more than 30 days or both if the person is a public utility
,
21regulated district or an agent, as defined in s. 196.66 (3) (a), fined not more than
22$2,500 or imprisoned for not more than 30 days or both if the person is a director or
23officer of a public utility
or a commissioner or officer of a regulated district, or fined
24not more than $1,000 or imprisoned for not more than 30 days or both if the person
25is an employe of a public utility
or a regulated district.
AB1065,44,2
1(2) Any public utility
or regulated district permitting a violation of this section
2shall forfeit not more than $5,000 for each offense.
AB1065, s. 131
3Section
131. 196.70 of the statutes is amended to read:
AB1065,44,10
4196.70 Temporary alteration or suspension of rates. (1) The commission,
5when it deems necessary to prevent injury to the business or interests of the people
6or any public utility
or regulated district in case of any emergency to be judged of by
7the commission, may by order temporarily alter, amend, or with the consent of the
8public utility
or regulated district concerned, suspend any existing rates, schedules
9and order relating to or affecting any public utility
, regulated district or part of any
10public utility
or regulated district.
AB1065,44,13
11(2) The commission may direct an order under sub. (1) to part of a public utility
12or regulated district or to one or more public utilities
or regulated districts and may
13prescribe when the order takes effect and for how long the order shall be in effect.
AB1065, s. 132
14Section
132. 196.72 (title) of the statutes is amended to read:
AB1065,44,15
15196.72 (title)
Accidents; public utility report; investigation.
AB1065, s. 133
16Section
133. 196.72 (1) (a) of the statutes is amended to read:
AB1065,44,2117
196.72
(1) (a) The commission may issue orders or rules, after hearing,
18requiring public utilities
and regulated districts to record or report accidents which
19occur upon the
public utilities' premises
of public utilities or regulated districts or
20which arise directly or indirectly from, or are connected with, the
public utilities' 21maintenance or operation
of the public utilities or regulated districts.
AB1065, s. 134
22Section
134. 196.72 (2) of the statutes is amended to read:
AB1065,45,323
196.72
(2) The commission shall investigate any accident under sub. (1) if the
24commission deems that the public interest requires it. The commission shall hold
25the investigation in the locality of the accident, unless it is more convenient to hold
1it at some other place. The commission may adjourn the investigation from place to
2place. The commission shall give the public utility
or regulated district reasonable
3notice of the time and place of the investigation.
AB1065, s. 135
4Section
135. 196.78 of the statutes is amended to read:
AB1065,45,12
5196.78 Voluntary dissolution. No corporation or limited liability company
6owning or operating a public utility may be dissolved unless the commission
7consents
. A regulated district may not dissolve unless both the commission and the
8department of natural resources consent to its dissolution. The commission may
9consent only after hearing. The commission shall give at least 30 days' notice to each
10municipality in which the public utility
or regulated district is operated and an
11opportunity to be heard to each municipality and to the stockholders in the
12corporation or members of a limited liability company.
AB1065, s. 136
13Section
136. 196.79 (1) of the statutes is amended to read:
AB1065,45,1914
196.79
(1) Except as provided in sub. (2), the reorganization of any public
15utility
shall be or regulated district is subject to the supervision and control of the
16commission. No reorganization may take effect without the written approval of the
17commission. The commission may not approve any plan of reorganization unless the
18applicant for approval establishes that the plan of reorganization is consistent with
19the public interest.
AB1065, s. 137
20Section
137. 196.80 (1s) of the statutes is created to read:
AB1065,45,2221
196.80
(1s) With the consent and approval of the commission but not otherwise
22a regulated district may:
AB1065,45,2323
(b) Acquire the stock of a public utility or any part thereof.
AB1065,45,2524
(e) Sell, acquire, lease or rent any regulated district plant or property
25constituting an operating unit or system.
AB1065, s. 138
1Section
138. 196.80 (3) of the statutes is amended to read:
AB1065,46,122
196.80
(3) The interested public utility
or regulated district shall make an
3application for the approval and consent of the commission under this section. The
4application shall contain a concise statement of the proposed action, the reasons for
5the action and any other information required by the commission. If an application
6is filed, the commission shall investigate the application. The investigation may be
7with or without public hearing. If the commission conducts a public hearing, the
8hearing shall be upon such notice as the commission may require. If the commission
9finds that the proposed action is consistent with the public interest, it shall give its
10consent and approval in writing. In reaching its determination the commission shall
11take into consideration the reasonable value of the property and assets of the
12corporation to be acquired or merged.
AB1065, s. 139
13Section
139. 196.81 (1) of the statutes is amended to read:
AB1065,46,2114
196.81
(1) No A public utility
or regulated district may
not abandon or
15discontinue any line or extension or service thereon without first securing the
16approval of the commission. In granting its approval, the commission may impose
17any term, condition or requirement it deems necessary to protect the public interest.
18If a public utility
or regulated district abandons or discontinues a line or extension
19or service thereon upon receiving commission approval, the public utility
shall be
20deemed to have waived or regulated district waives any objection to any term,
21condition or requirement imposed by the commission in granting the approval.
AB1065, s. 140
22Section
140. 196.85 (1) of the statutes is amended to read:
AB1065,47,2223
196.85
(1) If the commission in a proceeding upon its own motion, on complaint,
24or upon an application to it deems it necessary in order to carry out the duties
25imposed upon it by law to investigate the books, accounts, practices and activities of,
1or make appraisals of the property of any public utility,
regulated district, power
2district or sewerage system or to render any engineering or accounting services to
3any public utility,
regulated district, power district or sewerage system, the public
4utility,
regulated district, power district or sewerage system shall pay the expenses
5attributable to the investigation, including the cost of litigation, appraisal or service.
6The commission shall mail a bill for the expenses to the public utility,
regulated
7district, power district or sewerage system either at the conclusion of the
8investigation, appraisal or services, or during its progress. The bill constitutes notice
9of the assessment and demand of payment. The public utility,
regulated district, 10power district or sewerage system shall, within 30 days after the mailing of the bill
11pay to the commission the amount of the special expense for which it is billed. Ninety
12percent of the payment shall be credited to the appropriation account under s. 20.155
13(1) (g). The total amount in any one calendar year for which any public utility,
14regulated district, power district or sewerage system is liable, by reason of costs
15incurred by the commission within the calendar year, including charges under s.
16184.10 (3), may not exceed four-fifths of one percent of its gross operating revenues
17derived from intrastate operations in the last preceding calendar year. Nothing in
18this subsection shall prevent the commission from rendering bills in one calendar
19year for costs incurred within a previous year. For the purpose of calculating the
20costs of investigations, appraisals and other services under this subsection, 90% of
21the costs determined shall be costs of the commission and 10% of the costs
22determined shall be costs of state government operations.
AB1065, s. 141
23Section
141. 196.85 (2) of the statutes is amended to read:
AB1065,48,2324
196.85
(2) The commission shall annually, within 90 days of the
25commencement of each fiscal year, calculate the total of its expenditures during the
1prior fiscal year which are reasonably attributable to the performance of its duties
2relating to public utilities,
regulated districts, sewerage systems and power districts
3under this chapter and chs. 66, 184 and 198 and expenditures of the state for state
4government operations to support the performance of such duties. For purposes of
5such calculation, 90% of the expenditures so determined shall be expenditures of the
6commission and 10% of the expenditures so determined shall be expenditures for
7state government operations. The commission shall deduct from this total all
8amounts chargeable to public utilities,
regulated districts, sewerage systems and
9power districts under sub. (1) and s. 184.10 (3). The commission shall assess a sum
10equal to the remainder plus 10% of the remainder to the public utilities
, regulated
11districts and power districts in proportion to their respective gross operating
12revenues during the last calendar year, derived from intrastate operations. If, at the
13time of payment, the prior year's expenditures made under this section exceeded the
14payment made under this section in the prior year, the commission shall charge the
15remainder to the public utilities
, regulated districts and power districts in proportion
16to their gross operating revenues during the last calendar year. If, at the time of
17payment it is determined that the prior year's expenditures made under this section
18were less than the payment made under this section in the prior year, the commission
19shall credit the difference to the current year's payment. The assessment shall be
20paid within 30 days after the bill has been mailed to the public utilities
, regulated
21districts and power districts. The bill constitutes notice of the assessment and
22demand of payment. Ninety percent of the payment shall be credited to the
23appropriation account under s. 20.155 (1) (g).
AB1065, s. 142
24Section
142. 196.85 (3) of the statutes is amended to read:
AB1065,49,14
1196.85
(3) If any public utility,
regulated district, sewerage system or power
2district is billed under sub. (1) or (2) and fails to pay the bill within 30 days or fails
3to file objections to the bill with the commission, as provided in this subsection, the
4commission shall transmit to the state treasurer a certified copy of the bill, together
5with notice of failure to pay the bill, and on the same day the commission shall mail
6by registered mail to the public utility,
regulated district, sewerage system or power
7district a copy of the notice which it has transmitted to the state treasurer. Within
810 days after the receipt of notice and certified copy of the bill the state treasurer
9shall levy the amount stated on the bill to be due, with interest, by distress and sale
10of any property, including stocks, securities, bank accounts, evidences of debt, and
11accounts receivable belonging to the delinquent public utility,
regulated district, 12sewerage system or power district. The levy by distress and sale shall be governed
13by s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that
14goods and chattels anywhere within the state may be levied upon.
AB1065, s. 143
15Section
143. 196.85 (4) (a) of the statutes is amended to read:
AB1065,50,216
196.85
(4) (a) Within 30 days after the date of the mailing of any bill under subs.
17(1) and (2) the public utility,
regulated district, sewerage system or power district
18that has been billed may file with the commission objections setting out in detail the
19grounds upon which the objector regards the bill to be excessive, erroneous, unlawful
20or invalid. The commission, after notice to the objector, shall hold a hearing upon the
21objections, from 5 to 10 days after providing the notice. If after the hearing the
22commission finds any part of the bill to be excessive, erroneous, unlawful or invalid
23it shall record its findings upon its minutes and transmit to the objector by registered
24mail an amended bill, in accordance with the findings. The amended bill shall have
1the same force and effect under this section as an original bill rendered under subs.
2(1) and (2).
AB1065, s. 144
3Section
144. 196.85 (5) of the statutes is amended to read:
AB1065,50,144
196.85
(5) No suit or proceeding may be maintained in any court to restrain or
5delay the collection or payment of any bill rendered under subs. (1) and (2). Every
6public utility,
regulated district, sewerage system or power district that is billed shall
7pay the amount of the bill, and after payment may in the manner provided under this
8section, at any time within 2 years from the date the payment was made, sue the state
9to recover the amount paid plus interest from the date of payment, upon the ground
10that the assessment was excessive, erroneous, unlawful or invalid in whole or in part.
11If the court finds that any part of the bill for which payment was made was excessive,
12erroneous, unlawful or invalid, the state treasurer shall make a refund to the
13claimant as directed by the court. The refund shall be charged to the appropriations
14to the commission.
AB1065,50,16
16(1)
Initial filings of rates and schedules.
AB1065,50,21
17(a) Notwithstanding section 196.19 of the statutes, as affected by this act, a
18regulated district, as defined in section 196.01 (6m) of the statutes, as created by this
19act, is not required to file the schedule of rates, tolls and charges under section 196.19
20of the statutes, as affected by this act, within the first 90 days after the effective date
21of this paragraph.
AB1065,51,2
22(b) No later than 90 days after the effective date of this paragraph, a regulated
23district, as defined in section 196.01 (6m) of the statutes, as created by this act, shall
24file its initial schedule of rates, tolls and charges under section 196.19 of the statutes,
25as affected by this act. The initial filing of the schedule under this paragraph shall
1be treated as a change constituting an increase in rates under sections 196.20 and
2196.39 of the statutes, as affected by this act.
AB1065,51,6
3(c) Notwithstanding section 196.19 of the statutes, as affected by this act, rates
4of a regulated district that are in effect on the effective date of paragraph may
5continue in effect until the public service commission completes its review of the
6initial filing of the schedule under paragraph (b)
.
AB1065,51,9
7(d) No later than 18 months after the effective date of this paragraph, the public
8service commission shall complete its review of the initial filing of the schedule under
9paragraph (b).
AB1065,51,14
10(2)
Rule making. The public service commission shall submit in proposed
11form the rules required under section 196.49 (3) (e) of the statutes, as created by this
12act, to the legislative council staff under section 227.15 (1) of the statutes no later
13than the first day of the 7th month beginning after the effective date of this
14subsection.
AB1065,51,18
15(3)
Effect on pending complaints. This act does not divest the public service
16commission of jurisdiction over, or change the standards to be applied in, any
17complaint pending with the public service commission on the effective date of this
18subsection.
AB1065,51,25
19(4)
Public service commission study. The public service commission shall
20study the likely effects of any sale or lease of the assets of a metropolitan sewerage
21district created under section 66.882 of the statutes on the rates charged for
22sewerage services in the metropolitan sewerage district. No later than June 30,
231998, the public service commission shall report the results of its study to the
24legislature in the manner provided under section 13.172 (2) of the statutes, to the
25metropolitan sewerage district and to the governor.
AB1065,52,5
1(5)
Excess reserves refund. The Milwaukee Metropolitan Sewerage District
2commission shall develop and, upon approval by the public service commission,
3implement a plan to refund to Milwaukee County residents that portion of current
4reserves that are being held by the district and that are in excess of prudent reserve
5requirements, as determined by the public service commission.
AB1065, s. 146
6Section
146.
Effective dates. This act takes effect on July 1, 1996, or on the
7day after publication, whichever is later, except as follows:
AB1065,52,9
8(1)
The repeal and recreation of section 196.44 (2) of the statutes takes effect
9on October 1, 1996.
AB1065,52,11
10(2)
The treatment of section 196.06 of the statutes takes effect on July 1, 1997,
11or on the first day of the 13th month beginning after publication, whichever is later.