SB614,28,9
4196.22 Discrimination forbidden. No public utility
or regulated district 5may charge, demand, collect or receive more or less compensation for any service
6performed by it within the state, or for any service in connection therewith, than is
7specified in the schedules for the service filed under s. 196.19, including schedules
8of joint rates, as may at the time be in force, or demand, collect or receive any rate,
9toll or charge not specified in the schedule.
SB614, s. 78
10Section
78. 196.24 (1) of the statutes is amended to read:
SB614,28,1311
196.24
(1) For the purpose of making any investigation with regard to any
12public utility
or regulated district the commission may appoint, by an order in
13writing, an agent whose duties shall be prescribed in the order.
SB614, s. 79
14Section
79. 196.25 (1) of the statutes is amended to read:
SB614,28,2315
196.25
(1) If a public utility
or a regulated district receives from the commission
16any questionnaire, the public utility
or regulated district shall respond fully,
17specifically and correctly to each question. If a public utility
or regulated district is
18unable to answer any question, the public utility
or regulated district shall give a
19good and sufficient reason for its failure. Every answer by a public utility
or a
20regulated district under this section shall be verified under oath by the president,
21secretary, superintendent or general manager of the public utility
, or in the case of
22a regulated district by the executive director, and returned to the commission at its
23office within the period fixed by the commission.
SB614, s. 80
24Section
80. 196.25 (2) of the statutes is amended to read:
SB614,29,4
1196.25
(2) If required by the commission, a public utility
or regulated district 2shall deliver to the commission the original or a copy of any map, profile, contract or
3engineer's report and any other document, book, account, paper or record with a
4complete inventory of all its property, in such form as the commission directs.
SB614, s. 81
5Section
81. 196.26 (1) of the statutes is amended to read:
SB614,29,106
196.26
(1) Complaint. In this section
, "complaint" means a complaint filed with
7the commission that any rate, toll, charge or schedule, joint rate, regulation,
8measurement, act or practice relating to the provision of heat, light, water, power
,
9sewerage service or telephone service is unreasonable, inadequate, unjustly
10discriminatory or cannot be obtained.
SB614, s. 82
11Section
82. 196.26 (1m) of the statutes is amended to read:
SB614,29,1712
196.26
(1m) Complaint and investigation. If any mercantile, agricultural or
13manufacturing society, body politic, municipal organization or 25 persons file a
14complaint against a public utility
or a regulated district, the commission, with or
15without notice, may investigate the complaint as it deems necessary. The
16commission may not issue an order based on the investigation without a public
17hearing.
SB614, s. 83
18Section
83. 196.26 (2) (a) of the statutes is amended to read:
SB614,29,2219
196.26
(2) (a) Prior to a hearing under this section, the commission shall notify
20the public utility
or regulated district complained of that a complaint has been made,
21and 10 days after the notice has been given the commission may proceed to set a time
22and place for a hearing and an investigation.
SB614, s. 84
23Section
84. 196.26 (2) (b) of the statutes is amended to read:
SB614,30,424
196.26
(2) (b) The commission shall give the public utility
or regulated district 25which is the subject of a complaint filed under sub. (1) and the complainant 10 days'
1notice of the time and place of the hearing and the matter to be considered and
2determined at the hearing. The complainant
, and the public utility
or regulated
3district, may be heard. The commission may subpoena any witness at the request
4of the public utility
, the regulated district or complainant.
SB614, s. 85
5Section
85. 196.28 (1) of the statutes is amended to read:
SB614,30,106
196.28
(1) If the commission believes that any rate or charge is unreasonable
7or unjustly discriminatory or that any service is inadequate or cannot be obtained
8or that an investigation of any matter relating to any public utility
or regulated
9district should for any reason be made, the commission on its own motion summarily
10may investigate with or without notice.
SB614, s. 86
11Section
86. 196.28 (3) of the statutes is amended to read:
SB614,30,1812
196.28
(3) Notice of the time and place for a hearing under sub. (2) shall be
13given to the public utility
or regulated district, and to such other interested persons
14as the commission deems necessary. After the notice has been given, proceedings
15shall be had and conducted in reference to the matter investigated as if a complaint
16had been filed with the commission under s. 196.26 (1) relative to the matter
17investigated. The same order or orders may be made in reference to the matter as
18if the investigation had been made on complaint under s. 196.26.
SB614, s. 87
19Section
87. 196.30 of the statutes is amended to read:
SB614,30,22
20196.30 Utilities may complain. Any public utility
or regulated district may
21file a complaint with the commission on any matter affecting its own product or
22service.
SB614, s. 88
23Section
88. 196.31 (1) (intro.) of the statutes is amended to read:
SB614,31,224
196.31
(1) (intro.) In any proceeding before the commission, the commission
25may compensate any participant in the proceeding who is not a public utility
or
1regulated district, for some or all of the reasonable costs of participation in the
2proceeding if the commission finds that:
SB614, s. 89
3Section
89. 196.31 (2) of the statutes is amended to read:
SB614,31,114
196.31
(2) Compensation granted under this section shall be paid from the
5appropriation under s. 20.155 (1) (j) and shall be assessed under s. 196.85 (1), except
6that, if the commission finds that the participation for which compensation is
7granted relates more to a general issue of utility regulation rather than to an issue
8arising from a single proceeding, the cost of the compensation may be assessed under
9s. 196.85 (2). Any payment by a public utility
or regulated district for compensation
10under this section assessed under s. 196.85 (1) or (2) shall be credited to the
11appropriation under s. 20.155 (1) (j).
SB614, s. 90
12Section
90. 196.37 (3) of the statutes is amended to read:
SB614,31,1713
196.37
(3) Any public utility
or regulated district to which an order under this
14section applies shall make such changes in schedules on file under s. 196.19 to make
15the schedules conform to the order. The public utility
or regulated district may not
16make any subsequent change in rates, tolls or charges without the approval of the
17commission, except as provided in s. 196.205 or 196.215 (2).
SB614, s. 91
18Section
91. 196.39 of the statutes is amended to read:
SB614,32,3
19196.39 Change, amendment and rescission of orders; reopening cases. 20The commission at any time, on its own motion or upon motion of an interested party,
21and upon notice to the public utility
or regulated district and after opportunity to be
22heard, may rescind, alter or amend any order fixing rates, tolls, charges or schedules,
23or any other order made by the commission, and may reopen any case following the
24issuance of an order in the case, for any reason. Any order rescinding, altering,
25amending or reopening a prior order shall have the same effect as an original order.
1Within 30 days after service of an order, the commission may correct an error or
2omission in the order related to transcription, typing or calculation without hearing
3if the correction does not alter the intended effect of the order.
SB614, s. 92
4Section
92. 196.44 (1) of the statutes is amended to read:
SB614,32,95
196.44
(1) Duty of commission. The commission shall inquire into the neglect
6or violation of the laws of this state by public utilities
or regulated districts, or by
7their officers, agents or employes or by persons operating public utilities
or regulated
8districts, and shall enforce all laws relating to public utilities
and regulated districts,
9and report all violations to the attorney general.
SB614, s. 93
10Section
93. 196.44 (2) of the statutes is amended to read:
SB614,32,1611
196.44
(2) Attorney general and district attorney to prosecute. Upon
12request of the commission, the attorney general or the district attorney of the proper
13county shall aid in any investigation, hearing or trial had under this chapter, and
14shall institute and prosecute all necessary actions or proceedings for the enforcement
15of all laws relating to public utilities
and regulated districts, and for the punishment
16of all violations.
SB614,32,2419
196.44
(2) Duties of attorney general and district attorneys. (a) Upon
20request of the commission, the attorney general or the district attorney of the proper
21county shall aid in any investigation, hearing or trial had under this chapter, and
22shall institute and prosecute all necessary actions or proceedings for the enforcement
23of all laws relating to public utilities and regulated districts, and for the punishment
24of all violations.
SB614,33,6
1(b) The attorney general may, on his or her own initiative, appear before the
2commission on telecommunications matters relating to consumer protection and
3antitrust. If acting under the authority granted by this paragraph, the attorney
4general shall have the rights accorded a party before the commission in its
5proceedings but may not appeal as a party a decision of the commission to the circuit
6court. This paragraph does not apply after June 30, 1999.
SB614, s. 95
7Section
95. 196.49 (2) of the statutes is amended to read:
SB614,33,238
196.49
(2) No A public utility
or regulated district may
not begin the
9construction, installation or operation of any new plant, equipment, property or
10facility, nor the construction or installation of any extension, improvement or
11addition to its existing plant, equipment, property, apparatus or facilities unless the
12public utility
or regulated district has complied with any applicable rule or order of
13the commission and with s. 144.026, if applicable. If a cooperative association has
14been incorporated under ch. 185 for the production, transmission, delivery or
15furnishing of light or power and has filed with the commission a map of the territory
16to be served by the association and a statement showing that a majority of the
17prospective consumers in the area are included in the project, no public utility may
18begin any such construction, installation or operation within the territory until after
19the expiration of 6 months from the date of filing the map and notice. If the
20cooperative association has entered into a loan agreement with any federal agency
21for the financing of its proposed system and has given written notice of the agreement
22to the commission, no public utility may begin any construction, installation or
23operation within the territory until 12 months after the date of the loan agreement.
SB614, s. 96
24Section
96. 196.49 (3) (a) of the statutes is amended to read:
SB614,34,7
1196.49
(3) (a) In this subsection, "project" means construction of any new plant,
2equipment, property or facility, or extension, improvement or addition to its existing
3plant, equipment, property, apparatus or facilities. The commission may require by
4rule or special order that a public utility
or a regulated district submit, periodically
5or at such times as the commission specifies and in such detail as the commission
6requires, plans, specifications and estimated costs of any proposed project which the
7commission finds will materially affect the public interest.
SB614, s. 97
8Section
97. 196.49 (3) (b) (intro.) of the statutes is amended to read:
SB614,34,139
196.49
(3) (b) (intro.) Except as provided in
par. pars. (d)
and (e), the
10commission may require by rule or special order under par. (a) that no project may
11proceed until the commission has certified that public convenience and necessity
12require the project. The commission may refuse to certify a project if it appears that
13the completion of the project will do any of the following:
SB614, s. 98
14Section
98. 196.49 (3) (b) 1. of the statutes is amended to read:
SB614,34,1615
196.49
(3) (b) 1. Substantially impair the efficiency of the service of the public
16utility
or regulated district.
SB614, s. 99
17Section
99. 196.49 (3) (b) 3. of the statutes is amended to read:
SB614,34,2118
196.49
(3) (b) 3. When placed in operation, add to the cost of service without
19proportionately increasing the value or available quantity of service unless the
20public utility
or regulated district waives consideration by the commission, in the
21fixation of rates, of such consequent increase of cost of service.
SB614, s. 100
22Section
100. 196.49 (3) (e) of the statutes is created to read:
SB614,35,323
196.49
(3) (e) Before the first day of the 13th month beginning after the
24effective date of this paragraph .... [revisor inserts date], this subsection does not
25apply to a project with a total cost that is not more than $1,000,000. Beginning on
1the first day of the 13th month beginning after the effective date of this paragraph
2.... [revisor inserts date], this subsection does not apply to any project of a regulated
3district that does not exceed a dollar amount established by the commission by rule.
SB614, s. 101
4Section
101. 196.49 (6) of the statutes is amended to read:
SB614,35,135
196.49
(6) If the commission finds that any public utility
or regulated district 6has taken or is about to take an action which violates or disregards a rule or special
7order under this section, the commission, in its own name either before or after
8investigation or public hearing and either before or after issuing any additional
9orders or directions it deems proper, may bring an action in the circuit court of Dane
10county to enjoin the action. If necessary to preserve the existing state of affairs, the
11court may issue a temporary injunction pending a hearing upon the merits. An
12appeal from an order or judgment of the circuit court may be taken to the court of
13appeals.
SB614, s. 102
14Section
102. 196.525 (1) (intro.) of the statutes is amended to read:
SB614,35,2315
196.525
(1) (intro.) Except under rules prescribed by the commission, a public
16utility
or regulated district may not lend funds or credit to any of its officers or
17directors by any of the following and a
regulated district or a public utility other than
18a telecommunications utility may not lend funds or credit to any corporation, except
19a public utility
or regulated district subject to the regulatory powers of the
20commission, if the corporation holds, directly or indirectly through any chain of
21ownership, 5% or more of the voting stock of the public utility or renders any
22managerial, supervising, engineering, legal, accounting or financial service to the
23public utility
or regulated district by any of the following:
SB614, s. 103
24Section
103. 196.525 (2) of the statutes is amended to read:
SB614,36,7
1196.525
(2) Any contract made in violation of this section shall be void and
2subject to cancellation and recoupment by action at law. If a contract is made
3contrary to the provisions of this section, the commission, after notice and hearing,
4may order the public utility
or regulated district to take steps within 30 days to
5recover the funds or assets thus illegally loaned or transferred by action at law or
6other proceedings which will effectively release the public utility
or regulated district 7from the contract as surety, guarantor or endorser.
SB614, s. 104
8Section
104. 196.525 (3) of the statutes is amended to read:
SB614,36,139
196.525
(3) Any director, treasurer or other officer or agent of a public utility
10who makes or votes to authorize a transaction in violation of this section may be fined
11not more than $10,000.
Any commissioner, officer or agent of a regulated district who
12makes or votes to authorize a transaction in violation of this section may be fined not
13more than $10,000.
SB614, s. 105
14Section
105. 196.58 (1) (a) of the statutes is amended to read:
SB614,36,2115
196.58
(1) (a) Determine by contract, ordinance or resolution the quality and
16character of each kind of product or service to be furnished or rendered by any public
17utility
or regulated district within the municipality and all other terms and
18conditions, consistent with this chapter and ch. 197, upon which the public utility
or
19regulated district may be permitted to occupy the streets, highways or other public
20places within the municipality. The contract, ordinance or resolution shall be in force
21and on its face reasonable.
SB614, s. 106
22Section
106. 196.58 (1) (b) of the statutes is amended to read:
SB614,37,323
196.58
(1) (b) Require of any public utility
or regulated district any addition
24or extension to its physical plant within the municipality as shall be reasonable and
25necessary in the interest of the public, and designate the location and nature of the
1addition or extension, the time within which it must be completed, and any condition
2under which it must be constructed, subject to review by the commission under sub.
3(4).
SB614, s. 107
4Section
107. 196.58 (4) of the statutes is amended to read:
SB614,37,85
196.58
(4) Upon complaint made by a public utility
, a regulated district or by
6any qualified complainant under s. 196.26, the commission shall set a hearing and
7if it finds a contract, ordinance or resolution under sub. (1) to be unreasonable, the
8contract, ordinance or resolution shall be void.
SB614, s. 108
9Section
108. 196.58 (5) of the statutes is amended to read:
SB614,37,1410
196.58
(5) The commission shall have original and concurrent jurisdiction with
11municipalities to require extensions of service and to regulate service of public
12utilities
and regulated districts. Nothing in this section shall limit the power of the
13commission to act on its own motion to require extensions of service and to regulate
14the service of public utilities
and regulated districts.
SB614, s. 109
15Section
109. 196.60 (1) of the statutes is amended to read:
SB614,37,2516
196.60
(1) (a) Except as provided under sub. (2),
no a public utility,
and no 17regulated district, or an agent, as defined in s. 196.66 (3) (a), or officer of a public
18utility
or regulated district, directly or indirectly, may
not charge, demand, collect or
19receive from any person more or less compensation for any service rendered or to be
20rendered by it in or affecting or relating to the production, transmission, delivery or
21furnishing of heat, light, water,
sewerage service, telecommunications service or
22power or for any service in connection therewith, than that prescribed in the
23published schedules or tariffs then in force, or established under this chapter, or than
24it charges, demands, collects or receives from any other person for a like
25contemporaneous service.
SB614,38,4
1(b) A public utility
, regulated district or an agent that violates par. (a) shall be
2deemed guilty of unjust discrimination and shall forfeit not less than $100 nor more
3than $5,000 for each offense. An officer who violates par. (a) shall be fined not less
4than $50 nor more than $2,500 for each offense.
SB614, s. 110
5Section
110. 196.60 (3) of the statutes is amended to read:
SB614,38,116
196.60
(3) If a public utility
or regulated district gives an unreasonable
7preference or advantage to any person or subjects any person to any unreasonable
8prejudice or disadvantage, the public utility
shall be deemed or regulated district is 9guilty of unjust discrimination. A public utility
violating or a regulated district that
10violates this subsection shall forfeit not less than $50 nor more than $5,000 for each
11offense.
SB614, s. 111
12Section
111. 196.604 of the statutes is amended to read:
SB614,38,21
13196.604 Rebates, concessions and discriminations unlawful. No person
14may knowingly solicit, accept or receive any rebate, concession or discrimination
15from a public utility
or regulated district for any service in or affecting or relating to
16the production, transmission, delivery or furnishing of heat, light, water
, sewerage
17service or power or the conveying of telephone messages within this state or for any
18connected service whereby the service is rendered or is to be rendered free or at a rate
19less than the rate named in the schedules and tariffs in force, or whereby any other
20service or advantage is received. Any person violating this section shall be fined not
21less than $50 nor more than $5,000 for each offense.
SB614, s. 112
22Section
112. 196.61 of the statutes is amended to read:
SB614,39,8
23196.61 Facilities in exchange for compensation prohibited. A public
24utility
or regulated district may not demand, charge, collect or receive from any
25person less compensation for any service rendered or to be rendered by the public
1utility
or regulated district in return for the furnishing by that person of any part of
2the facilities incident to the service. This section may not be construed to prohibit
3any public utility from renting any facility relating to the production, transmission,
4delivery or furnishing of heat, light, water, telecommunications service or power and
5from paying a reasonable rental for the facility. This section may not be construed
6to require any public utility
or regulated district to furnish any part of any appliance
7which is at the premises of any consumer, except meters and appliances for
8measurements of any product or service, unless the commission orders otherwise.
SB614, s. 113
9Section
113. 196.635 (intro.) of the statutes is amended to read:
SB614,39,12
10196.635 Unbilled utility service. (intro.) All service supplied by a public
11utility
or regulated district must be billed within 2 years of such service. No customer
12shall be liable for unbilled service 2 years after the date of the service unless:
SB614, s. 114
13Section
114. 196.635 (1) of the statutes is amended to read:
SB614,39,1714
196.635
(1) The
public utility
or regulated district made a reasonable effort to
15measure the service, but the customer did not allow the
public utility
or regulated
16district access to any device, including but not limited to a meter, necessary to
17measure service.
SB614, s. 115
18Section
115. 196.64 (title) of the statutes is amended to read:
SB614,39,20
19196.64 (title)
Public utilities and regulated districts, liability for treble
20damages.
SB614, s. 116
21Section
116. 196.64 (1) of the statutes is amended to read:
SB614,40,622
196.64
(1) If a director, officer, employe or agent of a public utility
or a
23commissioner, officer, employe or agent of a regulated district, in the course of the
24discharge of his or her duties, wilfully, wantonly or recklessly does, causes or permits
25to be done any matter, act or thing prohibited or declared to be unlawful under this
1chapter or ch. 197, or wilfully, wantonly or recklessly fails to do any act, matter or
2thing required to be done under this chapter, the public utility
shall be or regulated
3district is liable to the person injured thereby in treble the amount of damages
4sustained in consequence of the violation.
No A recovery
as in under this section
5provided shall does not affect a recovery by the state of the penalty prescribed for
6such violation.
SB614, s. 117
7Section
117. 196.643 (1) of the statutes is amended to read:
SB614,40,208
196.643
(1) Responsible party. When a customer terminates service to the
9customer's rental dwelling unit, a public utility
or regulated district shall make
10reasonable attempt to identify the party responsible for service to the rental dwelling
11unit after the customer's termination. If a responsible party cannot be identified, the
12public utility
or regulated district may give the owner written notice by regular or
13other mail of the public utility's intent to hold the owner responsible for service to the
14rental dwelling unit. The owner shall not be responsible for service if the public
15utility does not give the notice under this subsection or if, within 15 days after the
16date the notice is mailed, the owner notifies the public utility
or regulated district 17of the name of the party responsible for service to the rental dwelling unit or notifies
18the public utility
or regulated district that service to the rental dwelling unit should
19be terminated and affirms that service termination will not endanger human health
20or life or cause damage to property.
SB614, s. 118
21Section
118. 196.645 (1) (intro.) of the statutes is amended to read:
SB614,41,222
196.645
(1) (intro.) The commission, upon complaint or upon its own motion,
23may proceed to investigate and determine whether a public utility's
or regulated
24district's rates should be changed by reason of a change in the cost of an energy,
1commodity or service resulting from a change in charges for the energy, commodity
2or service if:
SB614, s. 119
3Section
119. 196.65 (1) (intro.) of the statutes is amended to read:
SB614,41,84
196.65
(1) (intro.) An officer of a public utility
or of a regulated district shall
5be fined not less than $100 nor more than $2,500, or an agent, as defined in s. 196.66
6(3) (a), shall be fined not less than $100 nor more than $5,000 or an employe of a
7public utility
or of a regulated district shall be fined not less than $100 nor more than
8$1,000 for each offense if the officer, agent or employe does any of the following:
SB614, s. 120
9Section
120. 196.65 (1) (e) of the statutes is amended to read:
SB614,41,1310
196.65
(1) (e) Upon proper demand, fails or refuses to exhibit to the commission
11or any commissioner or any person authorized to examine it any record of the public
12utility
or regulated district which is in the possession or under the control of the
13officer, agent or employe.