PSC 2.10(3)
(3) Proof of notice. The utility shall file proof of compliance with this section no later than 3 days prior to the first hearing in the proceeding.
PSC 2.10 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.11
PSC 2.11 Abandonment or discontinuance of service. No public utility may abandon facilities or discontinue service without commission authorization made after a public hearing. The commission need not hold a public hearing if the application is accompanied by all of the following:
PSC 2.11(1)
(1) A map indicating the location of the facilities to be abandoned or the facilities from which service is to be discontinued, as well as the location of all actual or potential customers affected by the proposed action.
PSC 2.11(2)
(2) A statement that all actual or potential consumers have either consented to or waived objection to abandonment or discontinuance.
PSC 2.11 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.12
PSC 2.12 Confidential handling. PSC 2.12(1)(b)
(b) This section applies to requests for confidential handling of records filed with the commission.
PSC 2.12(2)
(2) Responsibility for establishing confidentiality. The burden of establishing the need for confidential handling of any record shall be on the person making the request.
PSC 2.12(3)(a)(a) A person may request confidential handling of any record on one of the following grounds:
PSC 2.12(3)(a)2.
2. The record contains information, which would aid a competitor of a public utility in competition with the public utility making the request, as provided under s.
196.14, Stats.
PSC 2.12(3)(b)
(b) A person requesting confidential handling of a record shall submit the record, along with an affidavit containing all of the following:
PSC 2.12(3)(b)2.
2. The name and position of the individual filing the request on the person's behalf.
PSC 2.12(3)(b)3.
3. An accurate and complete summary of the contents of the record.
PSC 2.12(4)
(4) Partial confidentiality. If only portions of a record are eligible for confidential handling, a person requesting confidential treatment shall submit an unredacted copy of that portion and a redacted copy of the record, omitting the confidential information.
PSC 2.12(5)(a)(a) The commission shall grant or deny a request no later than 30 days after the request is filed. The commission may request additional information in support of the request during that time.
PSC 2.12(5)(b)
(b) The commission shall grant a request if the commission determines that there is a reasonable basis to conclude that the record, or portion of a record, is exempt from disclosure under one of the grounds listed in
sub. (3) (a).
PSC 2.12(5)(c)
(c) A determination to confidentially handle a record under this section is not a determination that the record is exempt from disclosure under the Public Records Law. A determination under this section has only the effect of identifying the record as possibly exempt, in order that the record may be confidentially handled within the commission.
PSC 2.12(5)(d)
(d) The commission shall make its determination in writing and post on its Internet website a list of all determinations made under this section and may provide any other notice it considers to be appropriate.
PSC 2.12(6)
(6) Interim confidential status. A record submitted with a request for confidential handling will be confidentially handled during the period the commission is considering the request and, if the commission denies the request, until 14 days after the issuance of the determination. The commission may not take regulatory action based on the record in a docket during the time it is considering a request under this subsection. If the commission grants confidential status to the record, it shall, prior to taking regulatory action based on the record in a docket, permit a party to that docket to review the record and, prior to the review, may order any protective measures necessary to protect the trade secrets of parties and other information entitled to confidentiality protection.
PSC 2.12(7)(a)(a) This subsection applies to requests to confidentially handle a record submitted in the course of a proceeding, including, but not limited to, a response to a staff data request, pre-filed testimony and evidence offered or identified during a hearing.
PSC 2.12(7)(b)
(b) In a proceeding, parties shall make their requests in the form of a motion.
PSC 2.12(7)(c)
(c) During the hearing in a proceeding, the following apply:
PSC 2.12(7)(c)1.
1. The person making the request may offer the information called for in
sub. (3) through testimony, rather than by affidavit.
PSC 2.12(7)(c)2.
2. The administrative law judge may hear the request
in camera.
PSC 2.12(7)(c)3.
3. The administrative law judge may make a determination on the record, rather than in writing.
PSC 2.12(7)(c)4.
4. The administrative law judge shall make a determination as soon as practicable, but in no event later than 30 days after the making of the request.
PSC 2.12(7)(d)
(d) In a proceeding the commission shall, and during the hearing in a proceeding the administrative law judge shall, permit a party or its representative to review the record and participate in any
in camera proceedings, and may order any protective measures necessary to protect the trade secrets of parties and any information entitled to confidentiality protection.
PSC 2.12 Note
Note: A person may request at any time that a record submitted under this section be disclosed under the Public Records Law, whether or not the person has participated in any of the determinations, or agreed to any of the protective measures, under this section.
PSC 2.12 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.20(1)
(1)
Who are parties. The following are parties to proceedings or dockets:
PSC 2.20(1)(a)
(a) In a proceeding, a person filing an application is an applicant.
PSC 2.20(1)(b)
(b) In a proceeding, a person filing a complaint is a complainant.
PSC 2.20(1)(c)
(c) In a proceeding, a person filing a petition is a petitioner.
PSC 2.20(2)
(2) Right to testify. A person may testify at a hearing without becoming a party.
PSC 2.20(3)
(3) Non-party briefs. The commission may allow a non-party to file briefs as a friend of the commission.
PSC 2.20 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.21(1)
(1)
Intervention by right. A person whose substantial interests may be affected by the commission's action or inaction in a proceeding shall be admitted as an intervenor.
PSC 2.21(2)
(2) Permissive intervention. A person not satisfying the criteria of
sub. (1) may nevertheless intervene in a proceeding or docket if the person's participation likely will promote the proper disposition of the issues to be determined in the proceeding or docket and if the person's participation will not impede the timely completion of the proceeding or docket.
PSC 2.21(3)
(3) Procedure. A person requesting intervention in a proceeding shall file a request no later than 60 days after the issuance of the notice of proceeding, or within a different time set by the administrative law judge at the final prehearing conference. A person requesting intervention in a docket shall file a request no later than 60 days after the opening of the docket, or within a different time set by the commission at the time it opens the docket.
PSC 2.21(4)(a)(a) If a person fails to request intervention within the time prescribed in
sub. (3), the person must request to intervene out of time. In acting on such a request, the commission or administrative law judge may consider all of the following:
PSC 2.21(4)(a)1.
1. Whether the requestor had good cause for failing to file the request within the prescribed time.
PSC 2.21(4)(a)2.
2. Whether any disruption of the proceeding or docket may result from permitting intervention.
PSC 2.21(4)(a)3.
3. If any prejudice to, or additional burdens upon, the existing parties may result from permitting the intervention.
PSC 2.21(4)(b)
(b) Except as otherwise ordered, a grant of an untimely request to intervene shall not be a basis for delaying or deferring any procedural schedule established prior to the grant of the request.
PSC 2.21(4)(c)
(c) The commission or administrative law judge may impose limitations on the participation of a late intervenor to avoid delay and prejudice to the other participants.
PSC 2.21(4)(d)
(d) Except as otherwise ordered, a late intervenor shall accept the record of the proceeding or docket as the record was developed prior to the late intervention.
PSC 2.21 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.22
PSC 2.22 Representatives. A person desiring to participate in a docket, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address and the name and address of any party he or she represents and in what capacity he or she is employed by that party.
PSC 2.22 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.23(1)
(1)
How made. A party seeking an order shall make a motion. Unless made during a hearing, a motion shall be made in writing, shall state with particularity the grounds for the motion, and shall set forth the relief requested.
PSC 2.23(2)
(2) Responses and replies. Parties may respond to a motion no later than 10 days after service of the motion. The movant may reply to a response no later than 5 days after service of the response.
PSC 2.23(3)
(3) Motion to enlarge time. A motion to enlarge the time for service or filing for up to 3 days may be acted upon without awaiting a response to the motion.
PSC 2.23 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.24(1)
(1)
Methods of discovery. In an investigation or proceeding, depositions of witnesses may be taken by the commission or any party as provided in s.
196.33, Stats. In a proceeding, depositions and requests for the production of documents, data, or other information may be taken or made by the commission or any party as provided under
ch. 804, Stats.
PSC 2.24(2)
(2) Discovery motions. Any motion pursuant to s.
804.12, Stats., shall include a certification that the movant has in good faith conferred or attempted to confer with the person subject to the motion in an effort to resolve their dispute without commission action.
PSC 2.24 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.25
PSC 2.25 Synopsis or summary of the evidence. PSC 2.25(1)(1)
Service. If the commission staff prepares a summary or synopsis of the evidence pursuant to s.
196.24 (3), Stats., commission staff shall serve it upon the parties to the proceeding.
PSC 2.25(2)
(2) Response. A party who wishes to respond to a synopsis or summary of the evidence shall file a statement of additional or corrected facts no later than 10 days after service of the synopsis or summary.
PSC 2.25(3)
(3) Argument. Neither a synopsis or summary or a response thereto shall contain argument. If a party believes that a synopsis or summary or another party's response contains argument, the party may file a motion to strike along with its response. The commission may strike, on its own motion, any response that contains argument.
PSC 2.25 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.26(1)(a)
(a) Parties shall indicate on the record after the close of testimony whether they desire to file briefs. The party or parties having the affirmative shall file affirmative briefs within the time set by the administrative law judge. Other parties shall file reply briefs within the time set by the administrative law judge, which may be replied to as provided by the administrative law judge.
PSC 2.26(1)(b)
(b) Where a party having the affirmative does not desire to file a brief but another desires to do so, the administrative law judge shall specify the time and order for filing briefs. If the administrative law judge makes no specific designation as to the time and order for filing briefs where the party having the affirmative does not desire to file a brief, all other briefs shall be filed within 15 days after date of mailing of transcript.
PSC 2.26(1)(c)
(c) If not specifically covered by this rule, the time and order for filing briefs shall be fixed by the administrative law judge.
PSC 2.26(2)
(2) Five legible, dated copies of all briefs shall be filed with the commission together with a certification showing when and upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon shall include also reference to specific pages of the record containing the evidence.
