SB469: Bill Text

SB469,27,11 196.31 (1m) The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under s. 196.196 (1) (g) or 196.198.

SB469, s. 76 Section 76. 196.37 (3) of the statutes is amended to read:

SB469,27,17 196.37 (3) Any public utility to which an order under this section applies shall make such changes in schedules on file under s. 196.19 to make the schedules conform to the order. The public utility may not make any subsequent change in rates, tolls or charges without the approval of the commission, except as provided in s. 196.205 or 196.215 (2).

SB469, s. 77 Section 77. 196.37 (4) of the statutes is repealed.

SB469, s. 78 Section 78. 196.49 (1) (ag) of the statutes is repealed.

SB469, s. 79 Section 79. 196.49 (3) (b) (intro.) of the statutes is amended to read:

SB469,27,25 196.49 (3) (b) (intro.) Except as provided in par. (d), the The commission may require by rule or special order under par. (a) that no project may proceed until the commission has certified that public convenience and necessity require the project. The commission may refuse to certify a project if it appears that the completion of the project will do any of the following:

SB469, s. 80 Section 80. 196.49 (3) (d) of the statutes is repealed.

SB469, s. 81 Section 81. 196.50 (1) (b) 1. and 2. of the statutes are repealed.

SB469, s. 82 Section 82. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (b).

SB469, s. 83 Section 83. 196.50 (2) (a) of the statutes is amended to read:

SB469,28,7 196.50 (2) (a) Alternative telecommunications utilities shall be certified under s. 196.203. All Except as provided in par. (j) 1., all other telecommunications utilities shall be certified under this subsection.

SB469, s. 84 Section 84. 196.50 (2) (f) of the statutes is amended to read:

SB469,28,16 196.50 (2) (f) The commission shall issue a certificate of authority or an amended certificate of authority if it finds, after notice and opportunity for hearing, that the applicant possesses sufficient technical, financial and managerial resources to provide telecommunications service to any person within the identified geographic area. In making this determination, the commission shall consider the factors identified in s. 196.03 (6). The commission may order the applicant to satisfy any conditions that the commission considers to be necessary to protect the public interest, including structural safeguards.

SB469, s. 85 Section 85. 196.50 (2) (g) 3. of the statutes is repealed.

SB469, s. 86 Section 86. 196.50 (2) (h) of the statutes is repealed.

SB469, s. 87 Section 87. 196.50 (2) (i) of the statutes is created to read:

SB469,29,2 196.50 (2) (i) A telecommunications utility certified under this subsection is exempt from ss. 196.02 (2), 196.05, 196.06, 196.07, 196.09, 196.10, 196.12, 196.13, 196.19, 196.20, 196.21, 196.22, 196.28, 196.37, 196.49, 196.52, 196.58, 196.60, 196.78, and 196.79. If the commission imposes a provision of this chapter or ch. 201 on an alternative telecommunications utility under s. 196.203 (3), the commission shall ensure that the same provision at the same level of regulation is imposed on telecommunications utilities certified under this subsection.

SB469, s. 88 Section 88. 196.50 (2) (j) of the statutes is created to read:

SB469,29,5 196.50 (2) (j) A telecommunications utility certified under this subsection may do any of the following:

SB469,29,13 1. Provide notice to the commission to terminate the certification under this subsection and certify the telecommunications utility as an alternative telecommunications utility under s. 196.203. No later than 30 days after receiving notice under this subdivision, the commission shall issue an order issuing a certification under s. 196.203 and terminating the certification under this subsection and all regulatory requirements related to the certification under this subsection, including all such requirements imposed by the certification under this subsection or imposed by order or otherwise by the commission.

SB469,29,19 2. Provide notice to the commission to maintain the certification under this subsection but to regulate the telecommunications utility in the same manner as an alternative telecommunications utility is regulated under this chapter. No later than 30 days after receiving notice under this subdivision, the commission shall issue an order specifying that the telecommunications utility shall be regulated in the same manner as an alternative telecommunications utility.

SB469, s. 89 Section 89. 196.52 (3) (b) 1. of the statutes is amended to read:

SB469,30,5 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not apply to any contract or arrangement if the amount of consideration involved is not in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller. The requirement under par. (a) also does not apply to a telecommunications utility contract or arrangement or to contracts or arrangements with joint local water authorities under s. 66.0823. Regularly recurring payments under a general or continuing arrangement which aggregate a greater annual amount may not be broken down into a series of transactions to come within the exemption under this paragraph. Any transaction exempted under this paragraph shall be valid or effective without commission approval under this section.

SB469, s. 90 Section 90. 196.52 (3) (c) (intro.) of the statutes is amended to read:

SB469,30,9 196.52 (3) (c) (intro.) If the value of a contract or arrangement between an affiliated interest and a public utility, other than a telecommunications utility, exceeds $1,000,000, the commission:

SB469, s. 91 Section 91. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).

SB469, s. 92 Section 92. 196.52 (5) (b) of the statutes is repealed.

SB469, s. 93 Section 93. 196.52 (6) of the statutes is amended to read:

SB469,30,21 196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane County may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission.

SB469, s. 94 Section 94. 196.52 (9) (e) of the statutes is amended to read:

SB469,31,2 196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

SB469, s. 95 Section 95. 196.60 (1) (a) of the statutes is amended to read:

SB469,31,12 196.60 (1) (a) Except as provided under sub. (2), no No public utility and no agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly, may 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, 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.

SB469, s. 96 Section 96. 196.60 (2) of the statutes is repealed.

SB469, s. 97 Section 97. 196.604 of the statutes is amended to read:

SB469,31,23 196.604 Rebates, concessions and discriminations unlawful. No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or the conveying of telecommunications 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.

SB469, s. 98 Section 98. 196.77 of the statutes is repealed.

SB469, s. 99 Section 99. 196.79 (1) of the statutes is renumbered 196.79 and amended to read:

SB469,32,8 196.79 Reorganization subject to commission approval. Except as provided in sub. (2), the The reorganization of any public utility shall be 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.

SB469, s. 100 Section 100. 196.79 (2) of the statutes is repealed.

SB469, s. 101 Section 101. 196.805 of the statutes is repealed.

SB469, s. 102 Section 102. 196.975 (1) of the statutes is amended to read:

SB469,32,21 196.975 (1) One hundred fifty or more consumers, as defined in s. 196.213 196.215 (1) (a) 1., who are residents of the same local exchange area for telecommunications service may file with the commission a petition requesting that commission staff, in cooperation with the affected telecommunications utilities and telecommunications carriers, petition the appropriate federal district court to include their local exchange area in a different local access and transport area. The petitioners shall include with the petition information explaining why the current boundaries of the local access and transport area which includes their local exchange area does not adequately reflect areas of common social, economic and other concerns.

SB469, s. 103 Section 103. 201.15 (4) (b) of the statutes is amended to read:

SB469,33,4 201.15 (4) (b) If the commission finds that a small telecommunications utility subject to rate-of-return regulation is an equity-thin utility, as defined in s. 196.215 (1) (am) has less than 25 percent common stock equity in its total capital structure, the commission may, after investigation and opportunity for hearing, issue an order directing the small telecommunications utility to cease paying dividends on its common stock until the small telecommunications utility is no longer an equity-thin utility.

SB469, s. 104 Section 104. Nonstatutory provisions.

SB469,33,6 (1) Price-regulated telecommunications utilities.

SB469,33,7 (a) In this subsection:

SB469,33,8 1. "Commission" means the public service commission.

SB469,33,11 2. "Price-regulated telecommunications utility" means a telecommunications utility that elected to become a price-regulated telecommunications utility under section 196.196 (1) or (4), 2007 stats.

SB469,33,15 (b) On the effective date of this paragraph, any requirement imposed by the commission under section 196.195 (5), 2007 stats., or section 196.196, 2007 stats., whether by statute or commission rule or order, on a price-regulated telecommunications utility is terminated.

SB469,33,16 (End)